Article 1 – Definitions Participant:

BCD CLUB:

Agreement: Package(s): Personal Data: Personal Training: Open Gym Session: Small Group Training: Coaching

Article 2 – Applicability

BCD CLUB B.V “Behind Closed Doors Club”.

GENERAL TERMS AND CONDITIONS

Member or applicant: Anyone entering into an agreement with BCD CLUB for (trial sessions for Personal Training and/or the provision of advice).

The private limited liability company BCD CLUB B.V., registered in Amsterdam and located at Peperstraat 13h, Amsterdam (1011 TJ).

The agreement between BCD CLUB and a Participant for Personal Training, Small group training, Open gym and advice in any form.

The various Personal Training packages offered by BCD CLUB on a monthly basis or as discussed for a specific period.

All data provided by the Participant to BCD CLUB.

The guided training, training advice, nutritional advice, and/or composed training programs provided by BCD CLUB.

Article 2: Applicability

2.1 These general terms and conditions apply to all legal relationships between BCD CLUB and each Participant.

2.2 All clauses in these general terms and conditions are also drawn up for the benefit of all directors of BCD CLUB and all individuals working for BCD CLUB and/or engaged by BCD CLUB.

2.3 Deviations from these general terms and conditions are only valid if expressly agreed upon in writing.

Article 3 – Agreement

3.1 The Agreement between the Participant and BCD CLUB is established at the moment when the (a) Participant has completed all requested information on the Personal Training & Coaching Agreement Form and has signed it or (b) the Participant has participated in one or more (trial) Personal Training sessions.

3.2 The form completed by the Participant and these general terms and conditions together constitute the complete representation of the rights and obligations of BCD CLUB and the Participant, replacing all previous written and oral announcements, agreements, and other correspondence.

3.3 The Agreement between the Participant and BCD CLUB is entered into for a minimum duration of 3 (three) months, unless BCD CLUB and the Participant have made a different agreement in writing and this is documented on the Personal Training & Coaching Agreement Form.

3.4 The Participant ensures that all data – which BCD CLUB indicates as desirable or which the Participant should reasonably understand as necessary for the execution of the Agreement – are timely provided to BCD CLUB.

3.5 The Agreement is personal, and the Participant is not entitled to transfer the rights and obligations arising from the Agreement concluded under these general terms and conditions in whole or in part to third parties.

3.6 If a Participant has concluded an Agreement with BCD CLUB by submitting the Personal Training & Coaching agreement form, the Participant is entitled to revoke the Agreement concluded with BCD CLUB within 14 (fourteen) days after submitting the form.

3.7 If the Participant revokes the Agreement as referred to in Article 3.6, the Participant will receive all payments made by the Participant to BCD CLUB. If the Participant has already enjoyed one or more Personal Training sessions, the Participant is only liable to BCD CLUB for the compensation of the value of those Personal Training sessions. This compensation will be offset by BCD CLUB.

3.8 If the Participant decides to purchase a new/additional Package from BCD CLUB, the terms of the Agreement and these General Terms and Conditions remain fully applicable unless expressly agreed otherwise in writing.

Article 4 – Payments & Pricing

4.1 The costs for the Package selected by the Participant from BCD CLUB must be paid before booking the Personal Training, Small group sessions, Open gym, or any other services provided by BCD CLUB. We will provide you with a confirmation email detailing your selected package, including the due date for payment of the package. The recurring payments will be collected monthly. If the payment fails, we reserve the right to pause future training and will contact you to inform you if this is the case.

4.2 The Participant will use the payment methods communicated by BCD CLUB upon entering into the Agreement.

4.3 Payments already made by the Participant will not be refunded unless there is a valid revocation by the Participant in accordance with Article 3.5.

4.4 BCD CLUB reserves the right to index and change its prices and rates.

4.5 The fee due from the Participant for Personal Training sessions which, due to circumstances beyond the control of BCD CLUB, are not completed will not be refunded.

4.6 Where to find the due date for payment for Sessions. When we send you the confirmation email of your package, we will also confirm the auto payment/ installments frequency, where applicable. The recurring payments will be collected on a monthly basis. We reserve the right to pause future training if the payment fails. We will contact you to inform you if this is the case.

4.7 Where to find the due date for payment for Services not involving sessions. At the point of signing up with us, your first payment date is defined by the date you make payment to us. This specific date will become your monthly recurring payment date after your initial contract has ended. If we do not receive one or more of the payment installments from you, we will notify you and require you to make such payment within 7 days of the date of our notification. If we do not receive payment in full and cleared funds from you of the outstanding amount within the 7 day period, we shall be entitled to cease providing Services to you and/or to end our contract with you.

Article 5 – Cancellation

5.1 The Participant has the right to cancel the booked Personal Training / Open gym sessions / Small group session up to 24 (twenty-four) hours before the scheduled Training without penalty.  Personal Training / Open gym sessions / Small group sessions that are not canceled or not canceled in time will be fully charged to the Participant.

5.2 If the Participant is more than 15 (fifteen) minutes late for the scheduled   Personal Training / Open gym sessions / Small group session, BCD CLUB reserves the right to cancel the appointment for the Personal Training without a refund. The time the Participant is late for the Personal Training appointment will not be made up.

Article 6 – Risk and Liability

6.1 Participating in a Personal Training session, Open gym session or Small group training including but not limited to strength training, running, boxing, use of equipment such as cardio and training equipment, and following any program and/or activities of any kind at BCD Club B.V. is entirely at the Participant’s own risk and expense.

6.2 The Participant is obligated to report his or her physical condition, such as injuries, illnesses, and/or other physical conditions, both prior to, during, and after the Personal Training, Open gym session or Small group training, and/or to provide information that the Participant reasonably understands is necessary for Personal Training, Open gym session or Small group training. This information is important for compiling the Personal Training, Open gym session or Small group training and any desired results of the Participant. The Participant is solely responsible for reporting this information.

6.3 Neither BCD Club B.V. nor its employees are liable for material and/or immaterial damage resulting from an accident or injury/illness of the Participant and/or third parties.

6.4 BCD Club B.V. and its employees accept no liability for damage, loss, or theft of property belonging to the Participant and/or third parties.

6.5 The Participant is liable for damage caused to BCD Club B.V.’s property if such damage results from negligence and/or fault of the Participant.

6.6 The exclusions and limitations of liability as stated in this article are also agreed upon for the benefit of BCD Club B.V.’s employees and anyone else whose assistance BCD Club B.V. uses in the execution of the Agreement.

7. By participating in personal training, open gym, or small group training sessions offered by BCD Club B.V., participants agree to the following cancellation policy:

– If a participant cancels a scheduled personal training, open gym, or small group training session less than 24 hours before the scheduled start time, they will not be refunded for any credit used to book that session.

– Participants may reschedule or cancel a session with at least 24 hours’ notice without penalty.

– This cancellation policy applies to all participants, regardless of membership level or payment plan.

– By participating in personal training, open gym, or small group training sessions, participants acknowledge and agree to this cancellation policy.

8. Open Gym Session:

– 8.1 The participant acknowledges that they are using the gym facilities at their own risk.

– 8.2 BCD CLUB B.V. shall not be held responsible or liable for any damages, injuries, or other harm suffered by the participant or third parties during an open gym session.

– 8.3 The participant is responsible for their own safety and should take all necessary precautions to prevent injury to themselves and others.

8.4 By using the BCD CLUB App to access and use the Open Gym facilities, the Participant agrees to the terms and conditions outlined in the BCD CLUB App related to Open Gym usage.

8.5 The Participant is responsible for familiarizing themselves with the rules, guidelines, and terms of use provided in the BCD CLUB App for Open Gym sessions.

9. Camera Recordings:

9.1For the safety and protection of our clients, BCD Club B.V. may use cameras to monitor the entry .

9.2 These recordings will be kept confidential and only viewed in the event of an emergency or incident requiring investigation.

9.3 Any recorded footage will be deleted after a reasonable period of time and will not be passed on to any third parties without the consent of the client, except in the case of illegal activity where it may be required to share with the authorities.

Article 10 – Medical Freeze

10.1 In the event of an acute medical condition or injury that prevents the Participant from participating in Personal Training, Small group sessions, or Open Gym sessions, the Participant may request to freeze their subscription.

10.2 To request a freeze, the Participant must provide an official doctor’s note detailing the medical condition or injury and the recommended duration of the freeze. The doctor’s note must be submitted to BCD CLUB for approval.

10.3 Upon receiving the doctor’s note and verifying its authenticity, BCD CLUB will temporarily suspend the Participant’s subscription for the specified period outlined in the doctor’s note. During this freeze period, no payments will be collected, and the Participant’s access to services will be temporarily suspended.

10.4 The freeze period will be counted towards the Participant’s subscription duration, and the subscription end date will be adjusted accordingly.

10.5 The Participant must provide a doctor’s note that specifies the fitness level at which they can safely resume training before reactivating their subscription. BCD CLUB reserves the right to request additional medical information if necessary.

10.6 BCD CLUB may require a reasonable processing fee for freezing the subscription. The freeze option is subject to the terms and conditions provided in the BCD CLUB and BCD CLUB APP.

Article 11 – Holiday Clause

11.1 The Participant may choose to temporarily suspend their subscription during periods of planned holidays. This option is only available once every 3 months. And with a maximum duration of two (2) weeks.

11.2 To initiate a holiday suspension, the Participant must provide advance notice of at least two weeks to BCD CLUB. The notice should specify the start and end dates of the holiday suspension period.

11.3 During the holiday suspension, no payments will be collected, and the Participant’s access to services will be temporarily suspended. The suspension period will not count towards the Participant’s subscription duration.

11.4 The Participant’s subscription will be automatically extended by the duration of the holiday suspension period.

11.5 BCD CLUB may require a reasonable processing fee for the holiday suspension. The holiday suspension option is subject to the terms and conditions provided in the BCD CLUB App.

Article 12 – Applicable Law and Jurisdiction

12.1 These general terms and conditions are effective as of April 1, 2023.

12.2 In the event that any provision in these general terms and conditions is invalid or is nullified, this will not affect the validity of the other provisions. BCD CLUB and the Participant will then consult to agree on new provisions to replace the invalid or nullified provisions, while taking into account the purpose and scope of the original provision as much as possible.

12.3 Any legal relationship with BCD CLUB is governed by Dutch law. All disputes between the Participant and BCD CLUB arising from or in connection with the Agreement will be settled exclusively by the competent court in Amsterdam.

These general terms and conditions can be viewed at BCD CLUB studios, downloaded from the websitewww.behindcloseddoors.nl, and requested from our BCD APP*

The logo and brand name of BCD CLUB “Behind Closed Doors Club” are protected by copyright in the Benelux Trademark Register.

BCD Club B.V. 2023.