K/C MOVE STUDIO RULES
1 Wearing clean sports clothing is mandatory. Wearing shoes in the studio is forbidden.
2 The use of a towel for every activity is mandatory.
3 Smoking is not allowed within K/C Move Studio.
4 Beverages and/or food may only be consumed if purchased at K/C Move Studio with the exception of the use of water bottles or closable plastic bottles with water.
5. No pets are allowed at K/C Move Studio.
6 K/C Move Studio reserves the right to close the entire day or part of the day on recognized public holidays or days on which it is grown.
7 K/C Move Studio reserves the right to limit the total number of registered persons, as well as to change the opening hours, the times of the lessons, the number of lessons and rates.
8 K/C Move Studio also reserves the right to refuse Participants in the event of misuse of the subscription system or the facilities of K/C Move Studio or inappropriate behavior.
9 Children under the age of 16 do not have access to K/C Move Studio, with the exception of children accompanied by their parents and with the express permission of the staff of K/C Move Studio. K/C Move Studio is not liable for any injury to children or damage to children’s property caused by (unauthorized) access to K/C Move Studio.
GENERAL TERMS AND CONDITIONS K/C MOVE STUDIO POWERS OF KINETICODE B.V.
K/C Move Studio:
The private company with limited liability KinetiCode B.V. having its registered office in Amsterdam and having its office at Rozengracht 93A and registered in the trade register of the Chamber of Commerce under number 70370079.
The person who has accepted the Participation Agreement with K/C Move Studio, who has purchased a Credit and/or participates in a Lesson, and/or has purchased a Credit.
The agreement between K/C Move Studio and a Participant.
The General Terms and Conditions of K/C Move Studio, which are applicable to the Participation Agreement.
Receipt of Participation Conditions:
The Participant declares with the signing of the Participant Agreement to have received both the Participant Agreement and the Participant Conditions. A copy thereof is also published on the Website of K/CMove Studio and will be sent at first request by a K/C Move Studio.
Credit: The credit purchased by a Participant via the Website or credit within the Term to book and/ or follow a Lesson at K/CMove Studio.
Lesson: Each (individual or group) class taught by or on behalf of K/C Move team in a K/C Move Studio.
Personal data: All data provided by the Participant to K/C Move Studio as indicated in the Participation Agreement such as name, age, address and e-mail address.
Studio: Each studio of K/C Move Studio as shown on the Website.
Term: The term or period from the purchase of a Credit within which the right of a Participant exists on participation in a Lesson or a limited number of Lessons.
Website: The K/C Move Studio website: www.kcmove.nl
Article 2 – Applicability
2.1 The Participation Conditions are applicable to all legal relationships between K/C Move Studio and the Participant.
2.2 The Participation Conditions and/or the Participation Agreement cannot be amended unless expressly agreed in writing.
2.3 K/C Move Studio is entitled to amend the Participation Conditions at any time. Notice of any variation will be validly given to the Participant and will be posted in a prominent position in the premises and on the Website. If the amendment of the Participation Conditions would lead to a serious amendment of the original performance, the Participant is entitled to dissolve the Participation Agreement as of the start date of the amended Participation Conditions.
Article 3 – Participation Agreement
3.1 The Participation Agreement between the Participant and K/C Move Studio only gains effect after:
(a) the Participant has filled in all the requested information as set out in the Participation Agreement and has undersigned Participation Agreement for approval, or
(b) the Participant has filled in all the requested information as set out in the Participation Agreement on the Website and has accepted the Participation Agreement by clicking for approval on the Website, or
(c) the Participant has used the training facilities of K/C Move Studio or has participated in Lessons.
3.2 The Participation Agreement is entered into for an indefinite period and can only be terminated in accordance with Article 5 of the Participation Conditions.
3.2 During or immediately after registration, the Participant will receive a login name and password for the registration system of K/C Move Studio.
3.3 All rights and obligations of K/C Move Studio and the Participant are solely constituted by the Participation Agreement and the Participation Conditions, which replace all previous written and verbal announcements, agreements and all other correspondence.
3.4 The Participant shall provide to K/C Move Studio on his own initiative or at the first request of K/C Move Studio all information necessary for the performance of the Participation Agreement.
3.5 The Participation Agreement contains one or more Credit (s), which during the Term entitles the Participant to participate in a (limited number of) Lesson (s). Appropriations are therefore limited. The individual validity is stated in the account of a Participant on the Website. If a Credit and / or a bundle of Credits has expired or is used up, a Participant can no longer register for a Lesson.
3.6 In the event of serious injuries, long-term illness, pregnancy or a long-term stay abroad with a minimum of two months, the validity of a Credit or a bundle of Appropriations may be suspended during the absence provided the Participant has timely filed a written request thereto and a written consent has been granted by K/C Move Studio. K/C Move Studio is entitled to demand evidence from the Participant prior to the granting of the request.
3.7 The Credit and/or bundle of Appropriations expires automatically and without any notification from K/C Move Studio.
3.8 The Participation Agreement is personal and the Participant is not allowed to assign or to transfer to third parties, in whole or in part, any rights and/or obligations arising from the Participation Agreement.
3.9 If the Participant has entered into the Participation Agreement with K/C Move Studio, the Participant is entitled to revoke the Participation Agreement within 14 (in words: fourteen) days after concluding the Participation Agreement online.
3.10 If the Participant revokes the Participation Agreement in accordance with Article 3.9, payments will be returned to the Participant by K/C Move Studio, unless the Participant has already made use of the facilities of K/C Move Studio and/or entered a Studio of K/C Move Studio in which case a reasonable fee will be deducted.
3.11 If the Participant purchases a new or supplementary Subscription from K/C Move Studio, the Participation Conditions will remain fully applicable.
Article 4 – Prices and payment
4.1 The current prices of one Credit, a bundle of Credits or a Subscription are on the Website. The last-mentioned prices on the Website are deemed to be accurate. Price increases have no effect on Credits, Subscriptions and / or bundles of Credits paid.
4.2 Unless otherwise agreed, payments must be made via the online payment system or on site at K/C Move Studio. The Credits, Subscriptions and bundles of Credits must be paid in advance.
4.3 Payments that have already been made by the Participant will not be refunded, unless as stipulated in the article 3.10.
4.4 K/C Move Studio reserves the right to index and change its prices and rates.
4.5 In the event that the facilities of K/C Move Studio are closed (fully or partly) due to circumstances beyond the control of K/C Move Studio, the Participant shall not be refunded.
4.6 No rights may be derived from promotions or special offers before or afterwards.
Article 5 – Participation, cancellation and opposition of Lessons
5.1 The Participant agrees to abide by the Participation Agreement and the Gym Rules K/C Move Studio Rules as posted in the facilities of K/C Move Studio and on the Website. Copies of the Gym Rules are available on request. In the event of any dispute as to the meaning of the Gym Rules the reasonable interpretation of K/C Move Studio manager shall be final and conclusive.
5.2 The Participant agrees to register timely prior to a Lesson using the appropriate online registration system. The Participant understands and accepts that without registration, a Participant is not entitled to participate in a Lesson.
5.3 The Participant is entitled to unsubscribe (cancellation) a Lesson in writing up to twentyfour (24) hours prior to the start of said Lesson. The Participant understands and accepts that without such cancellation one (1) Credit will be charged.
5.4 Training schedules and/or the training locations may vary due to logistic reasons without K/C Move Studio being obliged to disclose such reason(s). The Participant is required to regularly check the schedules and training locations on the Website, which will be deemed to be the current and leading versions.
5.5 K/C Move Studio is entitled to cancel the Lesson until the start time of a Lesson, for instance, in the event of insufficient interest in the Lesson. Any Credit charged to the Participant will be credited.
5.6 Exceptional circumstances qualify as a force majeure and releases K/C Move Studio from its obligations pursuant to the Participation Agreement. In the event of permanent force majeure K/C Move Studio is entitled to terminate the Participation Agreement without becoming liable towards the Participant.
5.7 K/C Move Studio is entitled to exclude the Participant from the Lesson, if the Participant despite a warning continues to cause such inconvenience that – in the view of K/C Move Studio solely – execution of a Lesson is made unacceptable. Costs and damages as a result of such exclusion shall be borne by the Participant solely.
5.8 K/C Move Studio will make a reasonable effort to grant all Participants a place in a Lesson, however without guaranteeing so. If two (or more) Lessons are canceled too late by K/C Move Studio within a period of two weeks, K/C Move Studio is allowed to block future online reservations for a period of two weeks and to remove all existing online reservations.
5.9 If the Participant booked a reserve place for the Lesson, the Participant will be notified by e-mail that no place has been vacated, ultimately half an hour (30 minutes) prior to the start of the Lesson.
5.10 K/C Move Studio reserves the right to close all day or part of the day on recognized public holidays.
Article 6 – Credit
6.1 For each bundle of Appropriations it is described how often use can be made of the Lessons during the Term. Lessons that have not been enjoyed during the Term will automatically expire.
6.2 One Credit entitles you to participate in one Lesson.
Article 7 – Termination of Participation Agreement
7.1 The Participant is entitled to terminate in writing the Participation Agreement against the end of a month and with due observance of a notice period of one (1) month. K/C Move Studio will send confirmation to the Participant within fourteen (14) days after receipt of the written cancellation from the Participant. If the Participant has not received this confirmation in time, the Participant must immediately contact K/C Move Studio, failing which K/C Move Studio assumes that the written cancellation did not take place or did not take place in time.
7.2 In the event of serious injuries, long-term illness, or pregnancy of the Participant K/C Move Studio (at its sole discretion) may agree to terminate the Participation Agreement against the end of the Month if provided with reasonable documented evidence (f.i. medical certificate).
7.3 K/C Move Studio is entitled to terminate the Participation Agreement with immediate effect, without a letter of default and without refund, if:
a) the Participant behaves unacceptably;
b) the Participant violates the Participation Agreement and/ or the K/C Move Studio Rules; or
c) the Participant Card is used by a third party, unless the Participant proves to the satisfaction of K/C Moves that the Participant is not to blame.
All costs and damages as a result of such termination shall be borne by the Participant solely.
Article 8 – Risk and Liability
8.1 The use of the facilities in a K/C Move Studio for, but not limited to, strength, agility and endurance training and / or following any lesson, training program and / or activities of any kind at K/C Move Studio is entirely at the expense and own risk of the Participant whether supervised or not by K/C Move Studio. The Participant acknowledges and recognizes the inherent risks of injury or ill health resulting from use of the services and from participation in exercise generally. In consideration of participation in activities the Participant agrees to release and indemnify K/C Move Studio and any associated persons and/or parties. The Participant agrees to release and hold harmless K/C Move Studio and any associated persons or parties from and against all actions which may be brought by the Participant in respect of any incident in any way what so ever including actions based on tort (f.i. article 6:162 Dutch Civil Code).
8.2 The Participant is obliged to immediately disclose all physical information to K/C Move Studio of which the Participant knows or reasonably has to understand that may be relevant for a proper and safe exercise of the Lesson, such as injuries, illnesses and/or other physical disorders.
8.3 K/C Move Studio nor its employees are liable for material and/or immaterial loss as a result of an accident or injury of the Participant and/ or third parties, unless in the event of intent or gross negligence by K/C Move Studio and/or its employees.
8.4 K/C Move Studio nor its employees accept liability whatsoever for damages, loss or theft of property of the Participant and/or third parties, unless in the event of intent or gross negligence by K/C Move Studio and/or its employees.
8.5 The Participant is liable for damages caused to K/C Move Studio and/or its employees and/or property, unless in the event of force majeure.
8.6 The exclusions and limitations of liability as mentioned in the Participation Conditions and in this article in particular are also stipulated for the benefit of all parties hired or otherwise engaged by K/C Move Studio for the performance of the Participation Agreement.
9.1 The Participant understands that it provides Personal Data to K/C Move Studio. The Personal Data are strictly confidential and are primarily used for administrative purposes of K/C Move Studio.
9.2 By accepting the Participation Conditions, the Participant also authorizes K/C Move Studio to process its Personal Data for commercial purposes of K/C Move Studio. Personal data will be processed by K/C Move Studio in accordance with the laws and regulations. K/C Move Studio will delete all Personal Data at the first written demand of the Participant.
9.3 K/C Move Studio is authorized by the Participant to take photos and/or videos of the Lessons or other spaces in The Studio for use on social media or on the Website. The Participant is aware of this and gives its permission for this.
9.4 By accepting the Participation Conditions, the Participant also authorizes K/C Move Studio to send offers to the Participant by e-mail or otherwise.
Article 10 – Complaints
10.1 The Participant is obliged to report a complaint regarding K/C Move Studio’s performance as soon as possible but no later than fourteen (14) days after the discovery thereof by the Participant. In case of emergency the complaint may be submitted by telephone on the condition that the Participant confirms the complaint within the above-mentioned period by e-mail to K/C Move Studio via email@example.com.
10.2 The complaint must state the location and provide a full and clear description of facts and circumstances regarding the complaint supported by sufficient evidence.
10.3 K/C Move Studio will respond to the complaint submitted by the Participant as soon as possible, but no later than within four (4) weeks from the date of receipt. If K/C Move Studio expects to require a longer time for the processing of the complaint, it will immediately notify the Participant.
10.4 If the complaint is not resolved by mutual agreement, a dispute arises as referred to in article 12 paragraph 3 of the Participation Conditions.
Article 11 – Website
11.1 The information provided on the Website is exclusively intended for general information purposes.
11.2 K/C Move Studio will exercise due care in providing accurate information on the Website. K/C Move Studio however does not in any form guarantee that the information provided is complete, current and/or accurate. The Participant hereby also unconditionally and irrevocably waives its right to compensation for any direct or indirect damage as a result of use of the of the Website, unless in the event of intent or gross negligence on the part of K/C Move Studio.
11.3 Third parties’ websites (or hyperlinks) mentioned on the Website are not checked, created and/ or maintained by K/C Move Studio. K/C Move Studio therefore accepts no liability for damages as a result of the content and/or use thereof.
11.4 The Website including its content is protected by copyright, trademark law and other intellectual property rights. No part of this website or its contents may be reproduced, stored in an automated database, or made public, in any form or by any means, electronic or mechanical, by photocopying, recording or in any other way, without prior permission from K/C Move Studio.
Article 12 – Applicable law and competent court
12.1 These Participation Conditions are effective from 1 January 2018.
12.2 The Participation Agreement, Participation Conditions and all legal relationship with K/C Move Studio are governed by Dutch law.
12.3 All disputes between the Participant and K/C Move Studio that may arise in connection with or in connection with the Agreement will be subjected exclusively to the court of Amsterdam.