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TA Fitness Terms and Conditions
Article 1 General Provisions
1.1 The present Terms and Conditions contained in this document apply to all services provided by TA Fitness or Next Level AMS (hereinafter referred to as TAF), a company incorporated under Dutch law, with Kvk Number: 62960652, providing Fitness Group Classes and Personal Training services to private individuals and companies interested in building, maintaining, improving or regaining their physical strength, condition, ideal weight or simply creating a healthy and dynamic lifestyle, adapted to their own or their employees specific needs and goals.
1.2 Any derogation from the present Terms and Conditions must be agreed upon and drawn up in writing between TAF and the Client(s).
1.3 TAF reserves the right to change, amend and update the present Terms and Conditions without any prior notice.
1.4 Any and all changes to the present Terms and Conditions will be published on https://nextlevelams.nl/terms-and-conditions/ and a link to the updated Terms and Conditions will be communicated to the interested parties as soon as possible.
Article 2. Definitions
The following definitions will be used in the course of the present Terms and Conditions:
a) TAF: the owner of the present Terms and Conditions, Tal Assa Fitness, a company incorporated under Dutch law under KvK number: 62960652 and its contractual collaborators and employees.
b) Client: any natural and/or legal person who makes use of the services of Tal Assa;
c) Services: Personal Group Training (hereinafter referred to as PGT), Personal Training (hereinafter referred to as PT), and Pilates Reformer personal training (hereinafter referred to as PRPT), Gym Usage, as well as any and all related services and workshops offered by TAF;
d) Business Day: any day except any Saturday, any Sunday as well as any day of the week which is a national legal holiday in the Netherlands or any day on which banking institutions in the Netherlands are authorized or required by law or other governmental action to close.
e) Fitness Studio: the fitness and gym area located on Eleanor Rooseveltlaan 106, 1183CL Amstelveen
f) TAF website: https://www.nextlevelams.nl
g) Location: the Fitness Studio or the location(s) chosen by the Client(s) in consultation with TAF for the delivery of services provided by TAF or any other location where TAF may choose to provide services;
h) Fees: any and all payments due for services rendered by TAF for its Clients.
Article 3 Cooling-off period
3.1 For all the TAF Memberships a cooling-off period of 14 calendar days applies, calculated from
the date the Client purchased a TAF Membership for one of the TAF services via the TAF website or
over the phone.
3.2 The Fees requested by Clients under this Article shall be refunded by TAF to the Clients bank
account within fourteen (14) calendar days from the date the refund request was filed and
approved.
Article 4 Services
4.1 TAF offers, PT (Personal Training) Sessions, Pilates reformer personal training (PRPT) sessions, and Personal Group Training (PGT) to private individuals and company employees.
4.2 For the provision of its services, TAF employs highly qualified, experienced, motivated and inspirational trainers, who believe in the principles of a balanced and active life put forward by TAF.
4.3 All individuals who wish to apply for any of the services provided by TAF must be at least sixteen (16) years of age. Persons younger than sixteen (16) may apply for the services of TAF upon providing a written permission signed by their legal guardian(s).
4.4 These services shall be provided only at the Fitness Studio, unless agreed upon otherwise with the client.
4.5 For locations other than mentioned at article 4.4 an extra fee will be applied.
4.6 The activity hours of TAF are based on appointment. However TAF offers personal training sessions between 07:30 and 21:30 on weekdays, where 07:30 is the time the first class begins and 20:30 the time where the last class finishes. We offer a flexible in scheduling our activities over the week
4.7 Any derogation from the hours mentioned in paragraph 4.6 shall be set in consultation between TAF and the Client(s).
4.8 TAF must ensure the delivery of the Services as they were offered to and contracted by the Client, at the time(s) and location stipulated.
4.9 TAF reserves the right to terminate a service with a fourteen (14) calendar days notice to the Client and a refund of the amount paid by the Client in advance, either in full or calculated pro rata in the case of the Punch Card and Bundle Memberships and Monthly Memberships.
4.10 Should a Trainer become unavailable, TAF shall provide the Client(s) with an alternative Trainer until the original Trainer becomes available again.
4.11 In order to increase the efficiency of the training and to add increased variety to the exercise, TAF provides its Clients with the opportunity to experience the styles and expertise of different trainers as part of their training regime at TAF.
4.12 TAF may from time to time and subject to the Clients approval, make suggestions for changing the Clients Fitness Schedule so as to improve its efficacy and/or stay in tune with the Clients ongoing goals.
Article 5 Categories of Subscriptions
5.1 The memberships to the services offered by TAF are strictly personal and non-transferrable.
5.2 The PGT Sessions can be purchased as:
a. Punch Card of either ten (10) or twenty (20) Sessions offered by TAF with validity up to 12 or 22 weeks of use; and
b. Single Entry to use for one PGT Session; and
c. Monthly subscription of 3-6 months (12-24 weeks).
5.3 The PT and PRPT Sessions can be purchased as:
a. Single Session of sixty(60) minutes;
b. PT Bundle Subscription (punch cards) of five (5) or ten (10) or twenty (20) Sessions for a period of eight (8) or twelve (12) or twenty-two (22) weeks respectively; or
c. Monthly Subscription including, four (4), eight (8) or twelve (12) or more PT Sessions of sixty (60) minutes to be consumed in a term of maximum 4 weeks for a minimum fixed subscription term of twelve (12) or twenty-four (24) weeks.
d. PT Bundle for two individuals having a PT session together (the PT sessions can be consumed as mentioned in articles: 5.3.a-c).
5.4 The full description of the Services provided by TAF and the way they are structured, packaged, and delivered, as well as the specific conditions that apply to them and to any and all add-on services and special offers is published and maintained on the TAF website: https://www.nextlevelams.nl.
Article 6 House Rules and Prohibited Behavior
6.1 While using the Fitness Studio, clients must follow the house rules as described on Appendix 1 and:
a. follow the instructions described on billboards around the studio and the instructions given by the coaches working at Next Level AMS. This will ensure that everyone will train in a safe and hygienic environment.
b. wear fitness outfits that allow for the free movement of the body as well as sports shoes;
c. wear protective equipment if advised to do so by a TAF Personal Trainer or Coach;
d. change outdoor shoes with indoor ones;
e. make use of a towel whenever using an accessory or equipment;
f. wipe off and sanitize the equipment youve used with the provided materials;
g. make sure the locker/s that youve used remains unlocked before leaving the studio and the key is left in the lock;
h. refrain from chewing gum inside the fitness studio and during the work-outs;
i. for group session clients, make sure to book into a session before it begins;
j. set an appointment before coming to the fitness studio, either for a consultation or to make use the personal fitness area;
k. bring their own water bottle we do not use cups or glasses;
l. change clothes only in the designated changing room area;
m. store their personal items in the lockers located in the changing rooms or in another designated area (ask your coach if youre not sure where to store your belongings);
n. be kind to your surroundings. Always shower and make use of an antiperspirant spray before coming to the fitness studio;
o. refrain from throwing weights on the floor and also take all measures to avoid having bumper plates drop on the floor at all times;
p. refrain from smoking on the premises of TAF;
q. ensure they are alcohol and drug-free during the training at TAF and be aware that the carrying and use of illegal substances is strictly forbidden on the premises of TAF;
r. always consult their family doctor and/or other applicable specialists under whose care they are before working out or signing up for any of the TAF services;
s. be aware that acting irresponsibly or violently with the equipment and location amenities or creating a disturbance to other clients or the TAF staff is strictly prohibited and will result in the immediate cancelation of subscription by TAF, alongside an immediately enforceable and payable claim for the damages produced.
Article 7 Fees and Payment
7.1 The fees applicable to all the packages are available by contacting TAF sales department either by email: empower@nextlevelams.nl or by telephone: 06 251 84 899.
7.2 In case of any discrepancies in the prices quoted by email or phone to clients and those published on the TAF website, the latter prevail, with the exception of personal discounts and/or tailored offers made by TAF to those respective Client(s).
7.3 Payment of the TAF services can be made online via ideal/bank transfer/direct debit.
7.4 To ensure the timely booking of the necessary schedule time slot(s), the PT/PGT/PRPT Sessions must be paid in full for no later than twenty-four (24) hours prior to the date of the respective PT Session.
7.5 When making a bank transfer to pay for a TAF Service, Clients must take into account the rules of their respective bank on the duration of a money transfer, so that the payment will be visible in the TAF account at least two (2) or twenty-four (24) hours prior to the Session booked, as applicable.
7.6 Clients must pay for the PGT, PRPT and the PT Sessions in full before making a firm booking for the first PGT or PRPT or PT Session, with the exception of a Free Trial Session (if provided) and the Free Intake Session.
7.7 If a Client chooses to pay the Membership Fee by monthly direct debit, the payment must be scheduled and transferred to TAF bank account, maximum, for the last Business Day of each month.
7.8 Any and all expenses incurred as a result of an incomplete application for the monthly direct debit by a Client shall be charged to that respective Client and the statutory interest rate will be applied by TAF on the owed amount, in accordance with the applicable legal provisions.
7.9 When the fixed-term Monthly Membership (when eligible) of either a PGT or PT or PRPT ends, the Client shall bear the responsibility to cancel the authorization of the direct debit, as well as to perform any and all related acts and operations.
7.10 A payment reminder shall be emailed to the Client by TAF fourteen (14) days after payment was due and it shall be valid for a grace period of fourteen (14) calendar days.
7.11 After the fourteen (14) days grace period of the payment reminder set in Article expires and the Client has not made the due payment, TAF has the right to immediately and effectively end the Clients Membership and to withdraw any privileges and special offers made to that respective Client.
7.12 TAF shall make all payments or refunds within fourteen (14) calendar days from the date the respective payments or restitutions become due, provided that the Client entitled to such a payment or refund has provided TAF with their bank details or with an alternative preferred payment method.
Article 8 Termination of Membership
8.1 When the fixed-term Monthly Membership expires, the Client may terminate the Monthly
Membership with a one-month written notice via email to empower@nextlevelams.nl or WhatsApp to 06 251 84 899 or 06 387 78 764
8.2 The one-month notice referred to in Article 8.1 may be given on the first Business Day of the
month and will continue until the last day of that same month.
8.3 Where the one-month notice referred to in Article 8.1 is given after the first Business Day of the
month, the notice period will only commence on the first calendar day of the following month and
will continue until the last calendar day of that same month.
8.4 After the fourteen days grace period referred to in Article 7.11 expires, TAF has the right to
immediately terminate the Membership of the non-paying Client, who forfeits all the remaining
services and fees paid in advance.
8.5 TAF has the right to immediately and unilaterally terminate the Membership of a Client if the
respective Client engages in Prohibited Behavior, as defined in Article 6.1 of the present Agreement.
Article 9 Liability and Prescription
9.1 Whereas TAF values the physical integrity and welfare of their Clients and it ensures that Clients are educated regarding the safety rules for using the equipment during the PGT, PT and PRPT Sessions respectively, it is the responsibility of the Clients to make the decision to engage the Services of TAF, as well as to make sure they fully understand and apply the safety regulations and house rules as they are explained to them by the TAF Trainers and staff, as applicable.
9.2 TAF is not responsible for losses or damages of personal property of the Clients while in the Fitness Studio or Sessions held on other locations.
9.3 The TAF Trainers and staff are not qualified and not allowed to give Clients any medical advice.
9.4 Except for the situations of gross negligence of its Trainers and staff, TAF is not responsible for the physical injury of a Client during the use of the TAF services, if the said injury is the result of the Clients improper use of the equipment provided or the improper application of the exercise instructions received from the Trainers and staff.
9.5 Whereas TAF prides itself with a company culture of Fitness excellence and achievement, given the fundamentally personal nature of the process and the complexity of factors that determine the achievement of the goals that Clients set for themselves in connection to the TAF Services they employ, TAF does not warrant and is not responsible for the achievement of a specific result by the Client.
9.6 TAF is not liable for damages and losses caused to Clients and any and all other third parties as a result of a force majeure event.
9.7 In case of force majeure situation, that forces TAF to close down their establishment, the client may choose to freeze their membership until the fitness studio is reopen again. Another alternative that the client may choose is to continue their package outside in the open air/train with one of TAF coaches at the clients home/switch to online training with one of TAF coaches.
9.8 In case article 9.6 has been initiated and the client continues their purchased package, TAF will not provide any compensation to the client in terms of discounts or money refund.
Article 10 Intellectual Property
10.1 All content included in or made available through any of the TAF Services to either Clients,
staff or any other third parties, including, inter alia: drawings, nutrition charts, training schedules
and schemes, text, graphics, logos, videos, audio files, data compilations, trade names, slogans
trademarks and software is and remains the exclusive property of TAF and is protected by the
Dutch and E.U. copyright law
10.2 The publication of any TAF intellectual property materials without the express, written
consent of TAF is strictly forbidden.
Article 11 Cancellation Policy
Cancellation by TAF
11.1 In the situation when TAF must cancel a Session, the Client shall be offered the possibility to postpone that Service to a later date.
11.2 The cancellation by TAF of a Session does not qualify as non-performance under this agreement and it does not entitle the Client to request the cancellation of a PGT or PT or PRPT Punch Card Membership on grounds of non performance.
11.3 No compensation other than the price of the Class or Session as paid by the Client is owed by TAF for the Classes or Sessions it cancels.
Cancellation/Modification by the Client
11.4 The Client may cancel a Session under the conditions in Articles 11.5 to 11.12 either by using the TAF app or by email, at empower@nextlevelams.nl or by phone at +31 6 251 84 899 or +31 6 38778764.
11.5 A canceled session refund will be given in terms of Sessions that has been refunded to the client and not in actual money.
11.6 The Client may cancel a booked Session up to twenty-four (24) hours before the Session is scheduled to start and be entitled to a full refund of the cost of the Session paid in advance (as described in article 11.5)
11.7 If the Client cancels a booked Session less than twenty-four (24) hours before the scheduled time of the Session, the Client will be charged the full fee of the Session.
11.8 A Client that purchased a PT Sessions bundle may freeze and postpone a single PT or PRPT or PGT Session to the following month under these conditions:
a) A holiday which was notified to TAF a month before its planned date.
b) A business trip which was notified to TAF a month before its planned date.
c) A medical condition which temporarily prevents from the Client to participate in the PT sessions.
11.9 A Client may cancel their subscription once the minimum term of subscription is over under the conditions listed in article 11.10 and 11.10.1.
11.10 If a client wishes to cancel or modify (upgrade or downgrade) their subscription with Next Level AMS, they must notify a month (30 days) in advance. They must do so, either by email, to empower@nextlevelams.nl, or by WhatsApp or by phone +31 6 251 84 899.
11.10.1 The cancelation period will go into power at the end of the upcoming billing period and once all remaining open balance has been cleared and paid.
Illness and Relocation
11.11 A Client may cancel a TAF Monthly Membership before the fixed term expires if they suffer an
injury that renders them medically unfit to use the TAF Services contracted, provided that the
Client presents TAF with a medical certificate to that extent.
11.12 A Client may cancel a TAF Monthly Membership before the fixed term expires if they relocate
to a different city, located at more than twenty (20) kilometers from the Fitness Studio, provided
that the Client presents TAF with a certificate from the new municipality proving their newly
acquired resident status.
Article 12 Choice of Law
The present Agreement is governed by Dutch law and any and all disputes arising out of or in
connection with this Agreement shall fall under the exclusive jurisdiction of the Court of
Amsterdam District.