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ONEFIT UNLIMITED B.V. GENERAL MEMBER TERMS AND CONDITIONS

Established at Apollolaan 151 in (1077 AR) Amsterdam

Registered with the Chamber of Commerce under number 64538044


These General Terms and Conditions were last amended on 13 September 2021.


INTRODUCTION

These General Terms and Conditions apply when a Member (hereinafter referred to as “you” or “your”) takes out a subscription with OneFit (hereinafter referred to as “we”, “us” or “our”). In these General Terms and Conditions, we explain what you can expect from us and what we expect from you. Before we start with the legal part of our General Terms and Conditions, we will briefly summarise the most important points of our General Terms and Conditions below.


In order to participate in a Workout, you must book in advance. Upon arrival, you must register your participation in a Workout by checking in with the Provider. If you cannot take part in a Workout for any reason, please make sure that you cancel your Booking on time. If you do not cancel on time or do not show up, we will charge you a small fee. However, we do not like to do this and try to avoid it. That is why we will remind you of this the first time you fail to cancel or turn up, without immediately charging you a fee.


You can cancel your Membership at any time. We will then terminate the agreement within 30 days at the latest. You also have the option of revoking the agreement within 14 days of concluding the Membership. In that case, you will have your money refunded. If you have already used one or more Workouts, we will refund part of the subscription fee.


Make sure you adhere to the house rules of your Provider. Do you want to know which house rules apply to a particular Provider? Ask the Provider for a copy of the house rules. If you are violating the house rules or make unauthorised use of our Website or App, or if we suspect fraud regarding your Account, we reserve the right to block your Account and the Provider reserves the right to deny you access to the Workout.


Please upload a clear photo of yourself in your Account. This way, the Provider can check whether you are the one who has registered for a particular Workout. We will of course handle your personal data with great care. We process your personal data according to the General Data Regulation (GDPR).


We have the right to change our rates and General Terms and Conditions. We will always inform you well in advance of any changes. If you do not agree with a proposed change, you have the option to terminate your Membership. Of course, we do hope you will continue to be a Member with us.


Finally, we want you to know that we take complaints very seriously. Do you have a complaint? If so, we would like to hear from you as soon as possible by filling out our request form: https://help.one.fit/hc/en-us/requests/new .


ARTICLE 1. DEFINITIONS

In these General Terms and Conditions, we use the following terms:

  1. Provider: a company affiliated with OneFit that offers Workouts under the Membership.

  2. Account: the personal overview page of a Member on the Website and/or App, which page is accessible after registration and after the Member has logged in on the Website or App.

  3. App: the mobile application and/or mobile Website of OneFit.

  4. Proof of Payment: the proof that a payment has been made, for example a bank or credit card statement.

  5. Check-in: the registration of participation in a certain Workout. It is only possible to check in at the Provider. Remote check-in is not possible.

  6. Late Cancellation: the circumstance that the Member fails not cancel a Workout on time, i.e. the Member does not cancel within the cancellation period stated.

  7. Late Cancellation Fee: the fee that a Member owes OneFit in the event of a Late Cancellation.

  8. Member: the natural person who makes use of the Membership and for that purpose has created an Account with OneFit.

  9. Membership: the OneFit membership that entitles the Member to use the Workouts at the registered Providers in return for a periodic payment.

  10. Membership Fee: the fee that a Member owes OneFit per Term.

  11. No-show: the circumstance that the Member has made a Booking for a Workout, but does not cancel on time and does not show up.

  12. No-show Fee: amount payable by the Member to OneFit in the event of a No-show.

  13. OneFit: the private company with limited liability OneFit Unlimited B.V., established at Apollolaan 151, in (1077 AR) Amsterdam, registered with the Chamber of Commerce under number 64538044.

  14. Open Training: the Workout for which no prior Booking is required for participation.

  15. Term: the period of 30 days commencing at the time that the Membership starts and during which the limits on the number of Workouts, Bookings and Check-ins apply. A new Term begins after every thirty (30) days and the Member may again make use of the maximum number of Workouts, Bookings and Check-ins under the Membership.

  16. Booking: registering for or booking Workouts from Providers registered with OneFit through the Website or the App.

  17. Book: making a Booking through the Website and/or App.

  18. Website: the OneFit website that can be reached at https://one.fit.

  19. Workout: the class, location, workshop, individual or group workout as well as any other activity or facility to which the Membership provides access.


ARTICLE 2. APPLICABILITY

These General Terms and Conditions apply to the Membership, as well as every participation in Workouts and every use of the Account, the Website or the App by the Member. If one or more provisions of these General Terms and Conditions prove to be null and void or invalid, the other provisions will remain fully in force. The null and void or invalid provisions will be replaced by OneFit with new provisions that will approach the purpose and intent of the provisions to be replaced as closely as possible.


ARTICLE 3. MEMBERSHIP

  1. When you have a Membership with us, you pay us the Membership Fee every month. In return you get access to the Workouts of Providers, as mentioned on the Website and our App.

  2. You can only apply for one Membership. You cannot take out multiple Memberships. If we discover that you are using more than one Membership, we may still charge you for any discounts, such as the first month free and the first free No-show. We will then debit these discounts from your bank account by direct debit.


ARTICLE 4. OFFER AND ACTIVITIES

  1. The range of Providers and Workouts that you can use with the Membership may change from time to time. This also applies to the available times and the number of places that are available for Members.

  2. The Membership entitles you to participate in Workouts from Providers within the Netherlands.


ARTICLE 5. BOOKING ACTIVITIES

  1. Our Membership gives you the opportunity to participate in of Workouts with various Providers. We may impose a maximum on:

    1. the daily number of Workouts in which you can participate;

    2. the monthly number of Workouts in which you can participate with a Membership;

    3. the monthly number of Workouts per Term in which you can participate with the same Provider. This refers to the total number of Workouts, not the type of Workouts;

    4. the maximum number of Bookings that you may reserve in your Account.

An overview of the number of (monthly) Workouts and Bookings can be found on our website.

  1. You may not use a Workout at the same location more than once a day.

  2. For some Workouts, it is necessary to book in advance in order to get access to the Workout. You can make a Booking for a Workout through the Website or the App. There are also Workouts for which you cannot or do not need to make a Booking. In that case, you can sign up on location.

  3. If you reached the maximum number of Bookings in your Account, you will only be able to book another Workout if you participate in the booked Workout (which means that a Booking will expire) or by cancelling another Booking.

  4. Does a Provider have multiple branches? If so, we will not look at that Provider’s branches collectively when assessing whether you are using the same Provider. It is not the umbrella company but the individual location that is decisive. You may not use the same Provider more than once a day. However, you may use different branches of the same (or different) Provider more than once a day.

  5. For the total number of times per month that a Workout with a certain Provider can be used, all of the Provider’s branches concerned will be considered.


ARTICLE 6. CANCELLING A BOOKING

  1. Usually you can cancel a Booking up to 8 hours before the Workout starts. A longer or shorter cancellation period applies to some Workouts, which will always be clearly stated on the overview page of the Workout.

  2. If you are unable or no longer wish to make use of a Workout, please cancel the Booking before the cancellation deadline stated.

  3. Our partners are counting on your attendance and the associated costs. If you do not cancel a Booking on time or do not show up even though you have made a Booking, you will receive a warning from us by e-mail the first time. There will be no charge for this first time. The next time you cancel too late or fail to show up, we will charge you. An overview of when we charge which costs can be found on our website.

  4. No-show Fees and Late Cancellation Fees will be debited from your bank account by direct debit. If we cannot debit these amounts from your bank account, or if you have reversed the debited amounts, we are entitled to block your Membership and you will no longer be able to make any further Bookings. For more information about how we charge No-show Fees and Late Cancellation Fees and the consequences of not paying on time, please see No-show and Late Cancellation Fees .


ARTICLE 7. ACCESS TO ACTIVITIES

  1. Your Membership is personal and cannot be transferred to another person. You must therefore always be able to identify yourself at a Provider. Make sure that you upload a photo of sufficient quality to your Account. You must be clearly recognisable in the photo. This enables the Provider to check that the Membership is being used by the person registered.

  2. In order to gain access to a Workout, you must register your participation in the App. We also call this “check-in”.

  3. After you have checked in through the App, you will be able to access the Workout.

  4. For most Workouts, you need to make a Booking in advance to be able to check in and gain access. You can check in from 30 minutes before the Workout starts until 5 minutes after the Workout has started.

  5. You can no longer check in if the Workout is more than 5 minutes in. If you do not check in on time, we will charge you the No-show Fee. If this the first time you have not checked in on time, you will only receive a warning from us by e-mail and we will not charge you a No-show Fee.

  6. You can participate in all regular Workouts without paying extra, unless:

    1. you have reached the limit for the number of Workouts.

    2. this is an additional (not regular) Workout. We will always clearly indicate on our Website or in the App whether an additional fee is required.

  7. Sometimes a small fee is charged for the use of materials such as yoga mats, towels, boxing gloves, etc., or for the use of additional services such as wellness facilities. We always indicate clearly on our Website or in the App whether an additional fee is required.

  8. If you have reached the limit for the number of Workouts (per day, per Partner or for your Membership), you can buy extra Workouts. The costs for this will be clearly stated when you make the Booking. The costs for the extra Workout will be debited from your bank account by direct debit. If we are unable to debit these amounts from your bank account, or if you reverse the amounts, we will be entitled to block your Membership and you will not be able to make any further Bookings.

  9. You must be present and dressed appropriately at the Provider’s location where the Workout will take place no later than 15 minutes before the Workout starts. If you arrive late, the Provider will be entitled to deny you access to the Workout.


ARTICLE 8. HOUSE RULES

  1. When you make use of your Membership, you must also comply with the house rules of the Provider where the Workout takes place. These house rules are usually clearly communicated by the Provider, for example on a board on the wall. In other cases, the internal rules are available for inspection at the reception desk or can be found on the Provider’s website. In addition, you will be required to follow the instructions of the Provider’s staff.

  2. If you have a medical complication, please make this clear to the Provider’s staff (sports instructor) prior to the Workout. This way, the Provider can take your condition into account.

  3. If you do not comply with the house rules or these General Terms and Conditions, the Provider’s staff may ask you to leave the Workout and/or the establishment. The Provider reserves the right to deny you access to the establishment or a Workout in the future. The Provider is obliged to inform us about this. If you violate the house rules or these General Terms and Conditions more than once, we may block your Membership, which means that you will no longer be able to use our App or your Account. In this case, you will also no longer be able to book or participate in Workouts, and you will not be entitled to a refund of your Membership Fee in this case.


ARTICLE 9. THEFT, LOSS, MISUSE OR FRAUD

  1. If you think that your Account is being used by another person without your permission, please inform us as soon as possible by filling out our request form: https://help.one.fit/hc/en-us/requests/new . We will then block your Account, so your Account cannot/can no longer be abused.

  2. If we suspect that someone is using the App and/or Account to commit fraud or is attempting to do so, we will block the relevant App and/or Account. We will compensate the damage arising from this fraudulent or improper use.

  3. We do not accept liability for any damage you suffer as a result of loss, theft, misappropriation or improper use of the App and/or your Account. Your Account is strictly personal and can only be used on one smartphone at a time. The photo uploaded to the Account must be of sufficient quality for the Provider to verify that the Membership is being used by the authorised person.


ARTICLE 10. REFLECTION PERIOD

  1. We offer new Members the opportunity to dissolve the agreement free of charge within fourteen (14) days after activating their Membership. If you make use of this reflection period, the start date of this free trial period will be considered the date on which the reflection period starts.

  2. If you want to make use of this reflection period within fourteen (14) days after activation of your Membership, please inform us through our Website, App or by filling out our request form: https://help.one.fit/hc/en-us/requests/new .

  3. If you dissolve the agreement within fourteen (14) days, we will refund the invoice amount to you within fourteen (14) days. If you have not yet used your Membership, you will be entitled to the full refund of the invoice amount. However, if you have already participated in one or more Workouts, we will only refund part of the invoice amount. For a partial refund, we look at the number of days that the Membership has been active. For example: if you dissolve the agreement after ten (10) days, we will only refund the remaining 20 days of the month.

  4. The reflection period applies only to new Members, i.e. Members who activate the Membership for the first time. The reflection period does not apply to the reactivation of already existing, paused Memberships. We are entitled to refuse Members or to terminate a Membership if we believe that someone is repeatedly (ab)using the reflection period.


ARTICLE 11. DURATION AND TERMINATION

  1. By concluding a Membership, you enter into a subscription with us for an indefinite term. You can always cancel your Membership. We will then terminate the agreement within 30 days at the latest.

  2. You can cancel your Membership through our Website or the App.

  3. You can see the length of the current thirty-day (30) billing period in your Account at any time.

  4. After you have cancelled your Membership, your personal data will remain stored in our system for a maximum of 24 months. During these 24 months, you can easily reactivate your Membership, as your personal data are still stored. If you do not reactivate your Membership within 24 months, your Account and all associated personal data will automatically be deleted. We may, however, store your telephone number and email address anonymously for analytical purposes.

  5. You can (re)activate your Membership on any day of the month. You can do this by ordering a Membership through the App or our Website and paying the first period of thirty (30) days through iDeal or by credit card.

  6. After you have (re)activated your Membership, you can immediately participate in the Workouts from our Providers.

  7. If you want us to remove your personal data immediately after cancellation, you can submit a request by filling out our request form: https://help.one.fit/hc/en-us/requests/newl . We will then remove your personal data within one month of your request.


ARTICLE 12. FEES AND PAYMENT

  1. Every thirty (30) days, you pay us the Membership Fee. We charge the fee for the city or area where you make most use of your Membership. We may adjust the Membership Fee if you use Workouts more often in a different city than the city under which you signed up.

  2. We are entitled to change the fees and content of our Memberships. If we intend to change the fees or content of the Memberships, we will of course inform you in writing beforehand. If you do not agree with the change, you can cancel your Membership before the date on which the change takes effect. The notice period agreed with you will apply.

  3. You can pay for your Membership by credit card or through iDeal on our Website or App. When you make your first payment, you authorise us to collect the Membership Fee every thirty (30) days by direct debit. We always debit the Membership Fee prior to the term to which the payment relates. When you cancel your Membership, our right to debit your bank account ceases.

  4. If we do not succeed in debiting your bank account for the Membership Fee due, for example due to insufficient balance on the specified bank account, or because you have provided incorrect payment information, or if you reverse the debit, we will block your Membership. You can pay the fees due for the Membership through your Account and possibly choose an alternative payment method. However, you will still owe us all past due instalments until you cancel the Membership as agreed.

  5. You can change the payment method in your Account. We may charge an administration fee for changing the payment method. We will always state this clearly in advance. We will do our best to process the change of payment method in our systems within one week.

  6. When we debit an amount from your bank account, you will also receive a digital invoice in your Account each time.


ARTICLE 13. PROMOTIONS, TRIAL PERIODS AND FRIEND DISCOUNTS

  1. We regularly offer promotions to new Members. These often include a discount for the first month(s) of the Membership. These promotions cannot be used by existing Members. We do not pay compensation and we do not refund part of the Membership Fee for unused or missed promotions.

  2. We may offer a free trial whereby new Members may use the Membership for a specified Term free of charge. The condition for using a trial period is that the new Member creates a full Account including payment details through our Website or App. After the trial period ends, we automatically convert the agreement to a paid Membership. If you want to prevent us from automatically converting the agreement, please stop the Membership before the trial period ends via our Website or App. The Membership will end immediately. These General Terms and Conditions also apply in full to the free trial period. These free trial periods cannot be used by existing Members. We do not pay compensation and we do not refund any part of the Membership Fee for unused or missed trial periods.

  3. In some cases, we provide certain Members with a so-called friend link. When you receive a unique, personal friend link from us, you can share this link with your friends, acquaintances and family by email, Facebook or Twitter, for example. Everyone who signs up for a Membership through this friend link receives a one-off discount on the first Membership Fee. If your friend link been used, you will receive a friend discount from us as a thank-you for bringing in a new Member. This friend discount is offset against the payment of your next Membership Fee. You can find the amount of these discounts on our Website: https://help.one.fit/hc/en-us/categories/360002536760-Frequently-Asked-Questions . We decide ourselves when and to whom we provide a friend link. This friend link is therefore not part of the Memberships and Members cannot derive any rights from it.

  4. We process the friend discount automatically. You do not have to do anything else. The friend discount only applies if the introduced Member was not previously registered with us as a Member. A registered Member can only use one friend link. If we receive several friend links, we will only give the discount to the Member whose friend link was used at the time of registration. You cannot combine this discount with other discounts and promotions.

  5. The maximum friend discount you can receive per period of thirty (30) days is the amount of the monthly Membership Fee. We never pay any discount or fee in cash. We only deduct discounts and fees from the Membership Fee you pay to us.

  6. We will deduct the friend discount when the new Member pays their first term and only if the new Member does not terminate their Membership immediately after the first term. If a new Member terminates their Membership during the first Term, you are not entitled to the friend discount.


ARTICLE 14. USING THE WEBSITE AND APP

  1. After every Workout you can write a review. We will place these reviews on our Website and/or App. For guidelines on posting reviews, see: https://help.one.fit/hc/en-us/articles/360013897580-Review-Guidelines .

  2. Our Website and App contain social elements that enable you to do sports together with other Members. Members can search for other Members and contact each other. Once you have made contact with another Member, you can view each other’s Bookings, view each other’s Workout history and you can send each other invitations to participate in certain Workouts.

  3. On our Website and App, we show reviews of Providers. We also indicate which Members have booked the available Workouts. If you have booked this Workout, we will show your name and profile picture with this Workout. If you do not want this, you can select the “anonymous” setting in your Account.

  4. You are required to submit a clear profile picture in your Account. The Provider uses this profile picture to identify Members when they check in. Your profile picture must be authentic, personal and recognisable. If your profile picture does not meet these requirements, we or the Provider will point this out to you. In that case, we will ask you to upload a new profile picture through our Website or App. If you do not adjust your profile picture according to the set guidelines after we have pointed this out to you, we and also the Providers can deny you access to participate in Workouts.


ARTICLE 15. COMPLAINTS PROCEDURE

  1. By taking out a Membership, you are entering into a direct agreement with us. In turn, we have entered into agreements with the Providers, so that you have access to the Workouts of our Providers. You are therefore not entering into an agreement with a Provider when you make use of the Membership or the Workouts of a Provider.

  2. Do you have a complaint? Please let us know as soon as possible. You can inform us of a complaint or dispute with a Provider, for example. You can also contact us if you have questions about the Membership Fee and your Membership in general.

  3. We should be notified of Complaints about a Provider, our services or products, the use of your Account, our Website or App as soon as possible. Please write to our Customer Service: Apollolaan 151, 1077 AR Amsterdam. You can also use our contact form to send a message to our Customer Service: https://help.one.fit/hc/en-us/requests/new .

  4. You can submit a complaint to us up to fifteen (15) days after the incident. After this period, we will no longer handle your complaint. Make sure you describe your complaint clearly and fully. If you have proof, please send us this. We make every effort to resolve your complaint satisfactorily and as quickly as possible.


ARTICLE 16. PRIVACY

  1. We process your personal data with care and in accordance with the requirements and guidelines according to the General Data Protection Regulation (GDPR). By entering into an agreement with us, you declare to agree to the processing of your user data and personal data in accordance with our Privacy Policy.

  2. We may use your personal data for the implementation of the Membership and for marketing purposes.

  3. We will only use your personal data for our own business purposes. We will not make your personal data available to other parties.

  4. When you conclude an agreement with us, we may send you relevant news and offers by email, social media or other means (e.g. a message through the App). You can unsubscribe from all these information services through your Account.

  5. We use cookies on our Website. We require your consent to the use of cookies on our Website in order to fully use the website.

  6. If you want to learn more about how we deal with your privacy, please visit our Website: https://one.fit/en-nl/privacy .


ARTICLE 17. LIABILITY

  1. Our liability extends only to the proper performance of the agreement we have concluded with you, in particular the Membership.

  2. If we fail imputably to fulfil our obligations under the agreement we have concluded with you, we are obliged to still fulfil the agreement correctly. If you have been unable to use your Membership for some time due to a shortcoming attributable to us, we will compensate you corresponding to the Term during which you were unable to use your Membership. The amount of this compensation will in all cases be limited to the amount that you have paid or would have had to pay to us under the terms and conditions of the agreement during that term.

  3. Unless we (or one of our executive employees) act deliberately reckless or are intentionally negligent, our liability for damage, both direct and indirect, under the agreement we have concluded with you, is excluded.

  4. We do not accept liability for any damage, whether direct or indirect, that you suffer before, during, after or as a result of visiting a Provider or participating in a Provider’s Workout, such as personal injury or damage due to loss of earnings. You therefore take part at your own risk in the Workouts that the Provider offer.


ARTICLE 18. AMENDMENTS AND LOCATION

  1. We are entitled to amend these General Terms and Conditions at any time.

  2. The amended General Terms and Conditions will not take effect until we have communicated them to you or have published them (for example, on our Website or App). We will also always indicate the period within which the amended General Terms and Conditions will take effect. The amended General Terms and Conditions replace any previous version of our General Terms and Conditions. If you do not agree with our amended General Terms and Conditions, you may cancel your Membership with us by the date the amended General Terms and Conditions come into force. You can cancel your Membership through our Website or App or by using our request form: https://help.one.fit/hc/en-us/requests/new

  3. The latest version of the General Terms and Conditions can be found on our Website: https://one.fit/en-nl/termsandconditions . We also file these General Terms and Conditions with the Chamber of Commerce. We will send you a copy of our General Terms and Conditions free of charge upon request.


ARTICLE 19. APPLICABLE LAW AND CHOICE OF FORUM

  1. All agreements that we conclude with you and all disputes that may arise in the future between you and us or between you and a Provider are governed by Dutch law.

  2. If you have a complaint about the agreement that we have concluded with you, which we cannot resolve together and cannot be resolved according to the Complaints Procedure in Article 15, you have the right to commence proceedings at the competent Court in your place of residence.

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