General Terms and Conditions Circle-Fit
These General Terms and Conditions apply to all clubs that are part of the Circle-Fit chain (hereinafter referred to as CF). These clubs can be found on the website: www.circle-fit.com.
Only a natural person can be registered as a member of CF.
Registration as a member of CF implies acceptance of the General Terms and Conditions, the Privacy Statement and the house rules of CF.
Conditions for registration of persons aged 18 and over
Registration as a member of CF can be done online via the website or at the club.
For online registration, statutory consumer protection applies and the member has the right to withdraw from the membership within 14 days of the day of registration without giving any reason (cooling-off period); this can be done via the MySports or Circle-Fit Smart app; the procedure for cancelling the membership set out below in these General Terms and Conditions applies. This cooling-off period does not apply to members who registered at the club. If a member who registered online decides to withdraw from the membership within the 14-day cooling-off period and has not used the membership during that period, the cancellation is free of charge. If a member who registered online cancels within 14 days of the day of registration but has used the membership, CF will charge the costs of the starter pack and the membership fee pro rata for the use up to the day of cancellation. For registration as a member of CF, a valid proof of identity and a bank card showing the name and account number may be requested. A valid proof of identity means an unexpired passport, identity card or driving licence. The personal data and the details on the bank card must match the details entered online or at the club via the website or via the electronic tablet at the club. CF processes personal data within the framework of the applicable laws and regulations, such as the General Data Protection Regulation (GDPR).
Conditions for registration of minors aged 12 and over
For the registration of a minor as a member of CF, the minimum age is 12. Registration is only possible at the club. A parent, or a legal representative appointed by law (such as a guardian or administrator), must attend the registration of the minor as a member. The parent or other appointed legal representative must complete and sign the registration form. The parent or other appointed legal representative must also show a valid proof of identity on request. Otherwise, the same registration conditions apply as for persons aged 18 and over.
Types of membership
CF offers various subscription periods, namely: 24 months, 12 months and a 4-week flex membership, with prices differing per subscription. Exceptions regarding the type, price or duration of the subscription are determined by the management of CF and are binding on the member. During the first 3 months after the start of the membership, the member has the option to change to a membership with a longer term.
On registration, the member pays € 29.99 for the starter pack (registration fee). For all types of subscription, the member may make unlimited use of all CF facilities during the term of the agreement, with the exception of a number of specific facilities/products. An additional fee is charged for these facilities/products. These specific facilities/products are listed on the CF website under extra services/add-ons. In the event of loss of or damage to a card/wristband that makes the card/wristband unusable, the member must purchase a new card/wristband at a price of € 5 per card/wristband. Every subscription is an agreement for an indefinite period; after the first agreed minimum subscription period it is extended by one calendar month at a time and from then on can be cancelled monthly, subject to the applicable notice period. If the membership is cancelled within the first agreed minimum subscription period, at least one full calendar month before the official end date of the fixed period, the official end date of that minimum subscription period applies. Early termination is not possible, except in the case of moving more than 15 kilometres away from the CF location and not coming to live within 15 kilometres of another CF location, which must be demonstrated by a registration certificate from the new municipality. If the cancellation is submitted within one month before the end of the fixed subscription period, or after the fixed subscription period, a notice period of one full calendar month applies. Cancellation is possible via the MySports or Circle-Fit Smart app. Cancellations by telephone, verbally or by email are not accepted. If the cancellation has been made correctly, you will receive a confirmation by email stating the end date of the subscription. After termination of a subscription, any outstanding instalments remain fully due and must be paid immediately. The same applies to instalments that are reversed after termination of a subscription. Regardless of whether or not the CF facilities are used, the customer remains obliged to pay the monthly instalments. The extent of use is independent of the payment obligation. CF reserves the right to refuse customers in the event of misconduct and to terminate subscriptions early or with immediate effect, in which case the obligation to pay until the end of the contract remains in full force.
Other general provisions
CF reserves the right to change (one or more of) the clubs, or parts thereof, temporarily or permanently, and to close (one or more of) the clubs in whole or in part during public holidays, renovations, internal training days or because of measures imposed by the government, without any refund of membership fees. In the event of temporary closure due to renovation, CF will, as far as possible, give the members of that club the opportunity to visit another CF location during the renovation. CF reserves the right to increase its rates annually, which will be communicated by newsletter or email. This increase does not entitle the member to terminate the subscription unless it exceeds 5% per year. Rate adjustments resulting from government measures may be applied immediately, regardless of their amount, and do not entitle the member to terminate the agreement. By signing the registration form or clicking the “Become a member” button on the website, the member declares that they will comply with the house rules drawn up by CF at all times and is aware that in the event of a breach of the house rules, access to CF will be refused, which does not release the member from the payment obligation for the full term of the contract. The house rules of CF are made known to every member at the club and on the CF website. The membership is strictly personal and non-transferable. In the event of a change in contact and/or address details, the member is responsible for passing on these changes; any costs incurred as a result of not passing on these changes, or not doing so in time, are borne by the member. CF and its employees are not liable for loss, embezzlement, theft or damage, whether direct or indirect, of or to goods of participants or third parties. CF and its employees are not liable for material or immaterial damage resulting from an accident or injury sustained by members or third parties in the club, nor for injuries resulting, for example, from withholding medical information at registration or from improper use of the equipment or facilities. CF reserves the right to supplement or amend the General Terms and Conditions as well as the house rules and other provisions. Changes will be announced by newsletter, email or personal notice to the member at the club, after which these rules and provisions will be binding on every member.
Method of payment
When registering via the tablet or the website, the member undertakes to pay the subscription amount due until the end of the contract. By signing the registration form or clicking the “Become a member” button on the website, the member authorises the automatic direct debit of the account number provided by the member in accordance with the procedure set out below. Every Friday (determined by the week in which the member joined), the subscription fee for the four-week period is collected. As a rule, the member therefore pays in advance. Payments for subscriptions other than by direct debit are not possible. Under no circumstances will subscription fees paid in advance be refunded.
If payment is not made
In each collection round, a maximum of one instalment is collected on a Friday (first Friday), with the exception of the first collection on registration. If an instalment is reversed, or cannot be collected for any other reason, a first reminder is sent stating that a second collection will take place on the Friday of the same week (second Friday). A reversal fee of € 3 is added to this collection. Sending a reminder also constitutes a notice of default. If the second collection is also reversed or cannot be collected for any other reason, a second reminder is sent stating that a third collection will take place on the Friday of the same week (third Friday); this collection comprises the amount originally due plus reversal fees totalling € 6. If the third collection is also reversed or cannot be collected for any other reason, the member is in default and a third reminder is sent stating that the collection of the total outstanding subscription amount plus administration costs, the total reversal fees of € 3 per reversal (€ 9) and any instalments still to be invoiced that become due until the end of the contract has been handed over to the debt collection agency engaged by CF. The debt collection agency will send one more reminder letter. If the total outstanding amount is not paid, the debt collection agency will charge collection costs of at least € 40, plus interest and the reversal fees due. These costs are borne by the member, who must pay them together with the outstanding claim to the debt collection agency. From that moment on, payments and all communication about the membership must go through the debt collection agency.
Other provisions
This agreement is governed by Dutch law. If a provision of the subscription and/or the General Terms and Conditions proves to be void, this does not affect the validity of the agreement as a whole and/or the General Terms and Conditions. Acceptance of the membership is subject to approval by the management of CF. All use of the facilities and amenities of CF is at your own risk. Before using any facility or taking part in any activity, each member must make sure that such use/participation is medically sound for them. In case of doubt about one’s physical condition, it is advisable to seek expert advice from a doctor or medical specialist to determine which type and intensity of exercise is appropriate. The facilities and amenities of CF may only be used with clean indoor shoes and a towel. Failure to bring or use these may result in being refused access to the club. At CF, your digital data is stored and used securely. More information can be found in the Privacy Statement of CF. The Privacy Statement of CF is published on the website www.circle-fit.nl or is available on request at every club. The management of CF decides on matters not covered by these General Terms and Conditions. This decision is binding on the member.