MOVE TO HEAL

Latest update: March 28, 2024

 

Move to Heal offers memberships for ladies-only boxing, functional boot camp workouts, and private coaching sessions (the Membership). For more information about Move to Heal and the different Memberships, visit the website: https://www.movetoheal.nl/

 

SECTION 1: IN GENERAL

1.1 These general terms and conditions (Terms) apply to the legal relationship between Move to Heal and every natural person who concludes a Membership (Member).

1.2 Move to Heal offers Members group lessons and personal lessons (the Services).

1.3 These Terms apply to every person who uses the Services of Move to Heal, regardless of whether a Membership or any other agreement has been concluded with Move to Heal. Thus, these Terms apply, inter alia, to the group, private and trial lessons, subscriptions, and/or passes. The Terms will be made available to a Member when registering for the lesson and/or subscription.

1.4 Move to Heal offers Services under the condition that a Member, and any other user of the Services, accepts these Terms.

 

SECTION 2: MEMBERSHIP

2.1 Move to Heal offers different kinds of Memberships. An up-to-date overview of the various Memberships and additional Services that can be purchased are available on the Website.

2.2 The Membership starts on the date set by the Member. The minimum duration of the Membership amounts to four (4) weeks. Move to Heal provides the Member with an overview of the Membership upon completion of registration (Registration confirmation).

2.3 The Membership is personal and non-transferable. The Membership can only be used by the Member that entered the Membership. The Membership can in consultation with Move to Heal be frozen on medical grounds (suspension). Move to Heal reserves the right to request additional evidence from a Member when requesting a freezing. The freezing period can only commence after the member has submitted the requested evidence and it has been reviewed and approved by Move to Heal. The period that the Membership is frozen will be added to the originally agreed term. A freeze can last a minimum of one to a maximum of six months.

2.4 In the case of the Unlimited Student Membership the student is required to provide Move to Heal with a valid Student Identification or Certificate of Enrolment (BvI) from the educational institution where the student is enrolled. This Certificate of Enrolment should be re-shared each year upon renewal of the Membership with Move to Heal. Without a new Certificate of Enrolment, the Membership will be automatically converted to an Unlimited Membership. More information about the Unlimited Student Membership can be found on the Website.

 

SECTION 3: CANCELLATION OF THE MEMBERSHIP

3.1 Cancellation of the Move to Heal Membership is possible by the end of the agreed term, subject to two weeks’ notice. Cancellations submitted with less than two weeks' notice will take effect at the end of the following term. Unless otherwise specified in your plan, refunds are not available for unused portions of the subscription term.

3.2 A Member can cancel the Membership or any cancellable Services online and/or within the Move to Heal app.

3.3 Move to Heal reserves the right to terminate a Membership without giving reasons and without refund of Membership Fees in the cases below:

a) Without prior warning, if a Member seriously and/or repeatedly violates the regulations set by Move to Heal and/or there is any other reason that maintaining the Membership can no longer reasonably be expected from Move to Heal

b) After prior written warning, if payments arising from the Membership are not made thirty (30) days after the payment due date, the payment obligation does not expire

c) After prior written warning, if a Member fails to comply with these Terms.

 

SECTION 4: MEMBERSHIP FEES AND PROMOTIONS

4.1 The Membership is entered at the rates set out in the Registration confirmation (the Membership Fees). The current Membership Fees are also available on the Website.

4.2 Move to Heal reserves the right to change the Membership Fees and/or the payment frequencies of the memberships. Any increases in the Membership Fees or change in payment frequencies will be announced thirty (30) days prior to the increase or change, via an e-mail to the e-mail address provided by the Member. If there is an increase in the Membership Fees or change in payment frequencies the Member has the right to terminate the Membership free of charge within four (4) weeks of the announcement.

4.3 Move to Heal reserves the right to index the Membership Fees annually using the Consumer Price Index (CPI) from Statistics Netherlands (CBS).

4.4 Promotions offered by Move to Heal, such as ‘free months’ or additional discounts, are made available in conjunction with a paid Membership (Promotions). Promotions only commence upon completion of the Membership registration as stated in the Registration confirmation, or during the term of the Membership in the manner communicated to the Member in writing by Move to Heal. On early termination of the Membership, Promotions enjoyed, such as ‘free months’, will still be charged.

4.5 A Promotion must be accepted before any advertised expiry date. Except where prohibited by law, Move to Heal reserves the right to amend, suspend, or terminate any Promotion at any time, and for any reason, Move to Heal will not honor subsequent entries into the Promotions. In the case of any Promotions, the associated promotional period will continue for the period advertised by Move to Heal.

 

SECTION 5: REGISTRATIONS

5.1 To provide optimal and secure Services, all Member visits are registered. A maximum of one registration per day is possible.

5.2 A Member can register their visit on the website or in the Move to Heal app.

 

SECTION 6: LIABILITY

6.1 Members use Move to Heal’s Services at their responsibility and risk.

6.2 Members remain personally responsible for their behavior during any Move to Heal sessions. Move to Heal is not liable for the conduct of a Member and any resulting damages.

6.3 Move to Heal is not liable for any personal injury, accident, or death of a Member during their stay in and around Move to Heal, regardless of whether the provided facilities are used, except in the event of wilful intent or deliberate recklessness by Move to Heal.

6.4 Members indemnify Move to Heal against any liability to third parties for damages suffered by the third party in question during his or her attendance at the Move to Heal sessions as a result of acts or omissions by a Member.

6.5 Move to Heal is not liable for damage to or loss of property, as well as thefts of property at Move to Heal’s sessions.

6.6 If Move to Heal can in any event in any way be held liable for Member’s damages, Move to Heal’s liability is limited to the amount paid out by the insurer of Move to Heal in that specific case.

6.7 Nothing in these Terms shall exclude or limit Move to Heal’s liability where it cannot be excluded or limited under applicable law, such as in the event of wilful intent or gross negligence by Move to Heal.  

 

SECTION 7: INSTRUCTIONS

7.1 Members must comply with the instructions given by Move to Heal staff and established regulations.

 

SECTION 8: PAYMENT

8.1 Payment of Membership Fees and additional services is made periodically via SEPA direct debit. The SEPA direct debit authorization is deemed to have been issued by a Member during registration.

8.2 Administration and/or registration fees can be paid at the session or online.

8.3 If a specific payment period is unable to be debited by direct debit, resulting in arrears in the payment of the agreed Membership Fees, the client will be granted a grace period of fourteen (14) days to rectify the failed payment. Failure to rectify the failed payment within this grace period will result in the payment being marked as unpaid after fifteen (15) days. The Member will receive 

 

SECTION 9: CONFORMING CONDITIONS

9.1 By entering into the Membership, the Member declares that it accepts these Terms. In addition, by entering into the Membership, the Member declares that it has read the regulations established by Move to Heal.

9.2 In the event of non-compliance with these Terms and other regulations established by Move to Heal, Move to Heal is entitled to deny the Member access to the sessions and terminate the Membership with immediate effect, without any right to a refund of any made payments. Payment for all outstanding amounts up until the end of the membership is still required.

 

SECTION 10: OTHER PROVISIONS

10.1 Changes to these Terms by Move to Heal will be communicated to the Member via e-mail two months before they take effect. The Member has the option to cancel its Membership free of charge in the event of substantial changes to these Terms, subject to a notice period of at least one month by the date on which the new Terms come into force.

10.2 Members can submit any complaints regarding the General Terms and Conditions via the contact form on the Website.

10.3 If any provision of these Terms is held to be unlawful, void, voidable, or otherwise unenforceable, this shall not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable, or otherwise unenforceable part shall be (deemed to be) replaced by a valid and enforceable provision that comes as close as possible to the purpose and scope of the replaced provision.

10.4 Should Move to Heal be unable to offer its Services (in part) to Member due to a force majeure situation, including (government) restrictions, payments already made by Member will not be refunded. During this period, Move to Heal is entitled to continue to collect Membership Fees from Members. Move to Heal endeavors to offer suitable alternative Services to Members in the event of a (governmental) restriction or force majeure situation at Move to Heal. In the event that Move to Heal fails to provide suitable alternative Services in this situation, the Member has the right to suspend its obligations under the Membership during this period or to cancel the Membership.

 

SECTION 11: PRIVACY

11.1 Move to Heal considers the protection of personal data to be important. Move to Heal acts in accordance with the General Data Protection Regulation (GDPR).

11.2 Our privacy policy tells you what personal data Move to Heal processes and what we do with it: https://www.movetoheal.nl/privacy-policy

 

SECTION 12: APPLICABLE LAW AND COMPETENT COURT

12.1 These Terms and all other agreements between Move to Heal and Member are governed exclusively by Dutch law.

12.2 If Move to Heal and a Member cannot resolve a dispute between themselves, disputes between the Member and Move to Heal shall be submitted to the Geschillencommissie Sport en Beweging, Bordewijklaan 46, 2509 LP Den Haag (www.degeschillencommissie.nl) (Geschillencommissie Fitness) or to the competent court of the District Court of Amsterdam.

 

SECTION 13: PERSONAL COACHING

13.1 Private coaching sessions can be booked with the personal coach at extra cost, which can be found on the website.

13.2 Scheduled personal coaching sessions may be canceled up to 24 hours prior to the scheduled start time without incurring any charges. Failure to cancel a session within 24 hours of the scheduled start time will result in Move to Heal charging the full fee for the private coaching session.