TERMS AND CONDITIONS: COMPANIES
Version 2.1 released November 15, 2021.
Article 1. Applicability
1. These General Terms and Conditions apply to every legal relationship between the company or one of its employees who uses the facilities and/or services of Enforce (the 'Athlete') on the one hand and Enforce on the other hand.
2. Enforce means Enforce Coöperatie UA, Enforce International BV and Enforce VOF, affiliated Dutch companies or Dutch franchisees of the 'Enforce High-End Training & Coaching' franchise formula.
3. Enforce offers different subscription plans and programs that the Athlete can participate in, depending on the location. The various subscription forms and programs are also referred to as memberships in these General Terms and Conditions.
4. By purchasing a membership or by using the facilities or services of Enforce, the Athlete agrees to these Terms and Conditions.
5. Enforce may change these Terms and Conditions from time to time. The latest version is always the current version and is always available on the Enforce website. The General Terms and Conditions are made available to the Athlete when the subscription is taken out.
Article 2. Agreement
1. The agreement between Enforce and an Athlete is in the form of a membership. An agreement is also concluded if an Athlete uses the facilities and/or services of Enforce.
2. Changes to a membership, once established, are only possible with Enforce's prior written consent. Changing a membership may entail costs for an Athlete.
Article 3. Result programmes
1. Athletes can choose from different programs. The content of each program is available on the Enforce website (www.enforce.nl). Enforce has the right to limit the Athlete's choice of programs, for example, due to the Athlete's fitness, physical state or experience. However, the Athlete's choice is always at their own risk.
2. Memberships that entitle the holder to participate in a program for a certain period of time are referred to as Result Programmes. The Result Program is personal and non-transferable.
3. The Result Program has a limited validity. The validity is stated in the agreement with the Athlete. The membership cannot be canceled during its validity. The individual validity of the memberships are:
– A membership with a validity of less than twelve (12) months will be automatically terminated at the end of this period.
– A membership with a validity of one (1) year will, after this period, be automatically renewed in a monthly terminable membership with the corresponding current rates.
4. In the event of serious injuries, long-term illness, pregnancy or a prolonged stay abroad of the Athlete, the validity of the membership may be suspended by Enforce. The Athlete can submit a request for this. The request will be granted or denied at the discretion of Enforce. At the request of Enforce, the Athlete must provide evidence of this before a suspension request is granted.
5. Enforce is entitled to change the training schedule and/or training locations in the interim without giving any reason. The most current schedules and locations are always current and available from Enforce.
6. After a Result Program has ended, it is possible to enter into an agreement for a membership to participate in Small Group training. Such membership is entered into for the minimum duration of six (6) months.
Article 4. Individual Sports Membership
1. At some Enforce locations it is possible to take out a membership to exercise individually. These branches indicate the choice for this type of membership.
2. Membership for Individual Sports is personal and non-transferable.
3. Membership for Individual Sports is concluded for a term of six (6) months or one (1) year. The membership for a period of one (1) year is automatically renewed in a monthly cancellable membership with the corresponding current rates. After the period of one (1) year, the membership can be canceled at the end of the month, with due observance of a notice period of one (1) month.
4. In the event of serious injuries, long-term illness, pregnancy or a prolonged stay abroad of the Athlete, the validity of the membership may be suspended by Enforce. The Athlete can submit a request for this. The request will be granted or denied at the discretion of Enforce. At the request of Enforce, the Athlete must provide evidence of this before a suspension request is granted.
Article 5. Training and appointments
1. A training can consist of one of the training sessions from the Result Program or individual sports, depending on the chosen membership.
2. A training is intensive and prone to injury. An Athlete must assess for himself whether he is suitable for participation in a training.
3. With the Individual Sports membership there is a training without supervision. The Athlete must carefully read the instructions on the devices. Use of Enforce's facilities is at your own risk.
4. If an Athlete has health complaints, or if an Athlete has any other reason to doubt participation in a training, the Athlete must report this to Enforce and seek advice from a physician.
5. Enforce reserves the right to exclude participants that it deems unsuitable from participation in a training.
6. The Athlete must cancel an appointment with Enforce at least 48 hours prior to the appointment. Cancellation within 48 hours prior to an appointment means that the training will be canceled and that it cannot be caught up (free of charge).
Article 6. Prices and payment
1. Enforce has the right to increase prices unilaterally. The latest prices are always valid and can always be requested from Enforce.
2. Enforce determines whether a membership can be paid in advance in a lump sum or monthly by bank transfer or direct debit.
3. The payment term for invoices is 10 calendar days. After the payment term has expired, the Athlete is in default without prior notice of default and from that moment on the amount due and payable is subject to statutory interest.
4. The Athlete is not permitted to withhold payment or apply set-off in respect of his payment obligation towards Enforce.
5. Complaints about invoices or services must be received in writing and with reasons within two weeks after the invoice date. After two weeks, the Athlete's rights expire. Complaints do not suspend the Athlete's payment obligation.
6. If an invoice or monthly payment is not paid on time or if the payment is reversed by direct debit, Enforce is entitled to suspend or terminate its activities, to deny access to the location(s) and training locations and to suspend participation in training courses. to refuse until the amount due has been paid. Enforce shall not be liable for any damages resulting from such suspension.
7. In the event of the Athlete's bankruptcy, the Athlete's obligations towards Enforce are immediately due and payable and Enforce is entitled to suspend or terminate its activities, deny access to the location(s) and training locations and refuse participation in training courses. .
8. All costs associated with the collection of an invoice unpaid by the Athlete will be borne by the Athlete, including all extrajudicial costs. These costs are calculated in accordance with the scale of extrajudicial collection costs.
Article 7. Suspension and dissolution
1. Enforce is authorized to suspend compliance with its obligations or to dissolve the agreement immediately and with immediate effect, if:
a. the Athlete does not fulfill the obligations under the agreement, or does not do so in full or on time;
b. Enforce becomes aware of circumstances that give good grounds to fear that the Athlete will not fulfill its obligations;
c. the Athlete was requested to provide security for the fulfillment of his obligations under the agreement when the agreement was concluded and this security is not provided or is insufficient;
d. due to delay on the part of the Athlete, Enforce can no longer be required to comply with the agreement under the originally agreed conditions;
e. circumstances arise of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be required of Enforce.
2. If the dissolution is attributable to the Athlete, Enforce is entitled to compensation for the damage, including the costs, which have arisen both directly and indirectly as a result.
3. If the agreement is dissolved, Enforce's claims against the Athlete are immediately due and payable. If Enforce suspends compliance with its obligations, Enforce retains its claims under the law and the agreement.
4. If Enforce proceeds to suspension or dissolution on grounds as referred to in this article, it will not be obliged in any way to compensate damage and costs incurred or compensation in any way as a result thereof. The Athlete is, on account of non-performance, obliged to pay damages or compensation.
Article 8. Force majeure
1. Enforce is not obliged to fulfill any obligation towards the Athlete if it is prevented from doing so as a result of a circumstance that is not attributable to fault, and is not for its account under the law, a legal act or generally accepted beliefs. comes.
2. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which Enforce cannot exert any influence, but as a result of which Enforce is unable to fulfill its obligations. . Enforce also has the right to invoke force majeure if the circumstance prevents the (further) fulfillment of the agreement, occurs after Enforce should have fulfilled its obligation. Force majeure is in any case understood to mean: fire, war, strikes, power failures, communication, power and internet failures, pandemics, epidemics, quarantine, illness, government intervention, dangerous weather conditions, including thunderstorms, storms, extreme heat, snow or ice. In such a case, a training can be cancelled. Enforce is not liable for the cancellation of a training due to force majeure.
Article 9. Liability
1. Participation in a training is at your own risk. Enforce, its employees and trainers are not liable for personal injury or damage to the property of an Athlete. Excluded from this article are cases involving willful misconduct or willful recklessness on the part of Enforce or management personnel.
2. Enforce is also not liable for possible damage caused by the facilities, services or advice of Enforce, its employees and trainers. Enforce is not liable for any injury or other damage an Athlete may sustain during or as a result of a workout. Advice is always without obligation and is followed at your own risk.
3. Enforce is not liable for damage to and/or loss of personal property, for whatever reason, arising during or in connection with a training.
4. Enforce is not insured for Athlete damage. The Athlete must ensure that he is insured for damage as a result of participation in a training.
5. The Athlete hereby unconditionally and irrevocably waives its right to compensation for any direct or indirect damage (whether by contract or tort) that has arisen, arises or will arise in connection with participation in a training.
6. If it is established that Enforce is indeed liable, it will only be liable for direct damage and for a maximum amount of € 1,500.
7. The Athlete must use Enforce's interior, appliances and property with care and diligence. Enforce may hold the Athlete liable for damage caused by the Athlete.
Article 10. Website and privacy
1. Enforce respects the privacy of the Athlete and ensures that the personal and/or confidential information provided and/or obtained (the "data") is treated confidentially.
2. Enforce only uses the data to execute the agreement with the Athlete as quickly and properly as possible. Otherwise, Enforce will only use this data with the prior consent of the Athlete.
3. Enforce will not sell the data to third parties and will only make it available to third parties for the implementation of the agreement.
4. The employees of Enforce and third parties engaged by it are obliged to respect the confidentiality of the data.
5. Enforce uses VirtuaGym for its services. A separate agreement is concluded between the Athlete and VirtuaGym for the use of the VirtuaGym.
6. Athletes must respect each other's right to privacy. In that context, it is not permitted for the Athlete to take photos or other visual material of other Athletes without permission.
7. The information provided on the website www.enforce.nl or on the VirtuaGym application is intended for general information purposes only. Due to external circumstances, delays, defects and/or other imperfections may occur in the information provided.
8. Although Enforce takes the greatest possible care in compiling and maintaining its website, Enforce cannot guarantee that the information provided is complete, current and/or accurate.
9. The www.enforce.nl website and its content are 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 retrieval system, or made public in any way without Enforce's prior permission.
10. The Athlete declares that he is aware of and agrees with the privacy and cookie policy, as shown on the website www.enforce.nl.
Article 11. Final provisions
1. It is only possible to deviate from these General Terms and Conditions if this has been confirmed in writing by Enforce.
2. If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or should be annulled, the other provisions of these General Terms and Conditions will remain fully applicable. Enforce and the Athlete will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, taking into account the purpose and scope of the original provisions as much as possible.
3. If there is any uncertainty about the interpretation of one or more provisions of these General Terms and Conditions, the explanation must take place 'in the spirit' of these provisions.
Article 12. Disputes and applicable law
1. Dutch law applies to these General Terms and Conditions.
2. Disputes arising from these General Terms and Conditions, which cannot be resolved in mutual consultation, will be submitted to the competent court in Breda.
You can also find our general terms and conditions as a PDF file via the link below.
Terms and Conditions Enforce Companies version November 15, 2021
