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GENERAL TERMS AND CONDITIONS ONEFIT UNLIMITED B.V.


Established at Overschiestraat 182, 1062 XK Amsterdam

Registered at the Chamber of Commerce under number 64538044


These general conditions were modified mist recently on 12 February 2020.


ARTICLE 1. DEFINITIONS

In these general conditions is intended by:

  1. App: the mobile application and/or mobile Website of OneFit.
  2. Account: the personal summary 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. Workout: the lesson, location, workshop, individual or group training, as well as any other activity or facility the Membership provides access to.
  4. Proof of payment: the proof showing a payment has been carried out, for example a statement from the bank or credit card company.
  5. Check-in: the registration of participation in a specific Workout. It is exclusively possible to check in at the Location. Checking in at a distance is not possible.
  6. Late Cancellation: the circumstance that the Member does not timely cancel a Workout, or at least cancels it at shorter notice than the indicated cancellation term.
  7. Late Cancellation Fee: the compensation a Member owes OneFit in case of a Late Cancellation.
  8. Location: a company associated with OneFit that offers Workouts under the Membership.
  9. Member: the natural person who makes use of the Membership and who for such purpose has registered an Account at OneFit.
  10. Membership: the OneFit membership that against periodic payment confers the right to use the Workouts of the associated Locations.
  11. Membership Fee: the compensation a Member per Period owes OneFit.
  12. No-Show: the circumstance that the Member has placed a Reservation for a Workout, but does not cancel on time and does not show up either.
  13. No-Show Fee: amount that the Member owes OneFit in case of a No-Show.
  14. OneFit: the private limited liability company OneFit Unlimited B.V., established on Overschiestraat 182, 1062 XK in Amsterdam, registered at the Chamber of Commerce under number 64538044.
  15. Open Training: the Workout whereby no prior Reservation is required for participation.
  16. Period: the term of 30 days that commences at the moment when the Membership starts and within which the limits on the number of Workouts, Reservations, and Check-ins apply. Each time after thirty (30) days a new Period starts and the Member can again make use of the established maximum number of Workouts, Reservations and Check-ins within the Membership.
  17. Reservation: the registering, fixing, or booking of Workouts through the Website or the App at Locations associated with OneFit.
  18. Reserve: by “reserve” is intended: the making of a Reservation through the Website and/or App.
  19. Website: the website of OneFit which can be reached through https://one.fit.

ARTICLE 2. APPLICABILITY

  1. These general conditions are applicable to the Membership, as well as to every participation in Workouts and to any use of the Account, the Website, or the App by the Member.
  2. If one or more provisions from these general conditions turn out to be void or invalid, the other provisions will remain fully effective. The void or invalid provisions will in such case be replaced by OneFit by new provisions which will approximate as closely as possible the purpose and tenor of the provisions that are to be replaced.

ARTICLE 3. MEMBERSHIPS

  1. The Membership means that the Member, against payment of the Membership Fee, has access to the Workouts of Locations as listed on the Website or App.
  2. Per person, one Membership can be applied for. So it is not possible to have multiple Memberships per person. Were OneFit to discover that a Member makes use of more than one Membership, then OneFit has the right to still bill at that stage any discounts granted, such as the first month for free and the first No-Show free of charges, to the Member, for example by direct-debiting the amount to the bank account of the Member.

ARTICLE 4. OFFER AND ACTIVITIES

  1. The offer of Locations and Workouts that can be used with the Membership may change from time to time. This also applies to the available hours and the number of lessons that is available for Members.
  2. The Membership confers the right to the use of Workouts of Locations within the Netherlands.

ARTICLE 5. RESERVING ACTIVITIES

  1. The Membership offers Members the possibility to make use of Workouts at various Locations. It is permitted to OneFit to subject the following to a maximum:
    1. the number of Workouts the Member can participate in per day;
    2. the monthly number of Workouts that a Member can participate in with a Membership;
    3. the number of Workouts per Period in which a Member can participate per month at the same Location. This regards the total number of Workouts participated in, not the type of Workouts;
    4. the maximum number of Reservations that a Member may have pending in his/her Account.
  2. It is not permitted to the Member to make use of a Workout more often than once a day at the same Location.
  3. The Member can place a Reservation for a Workout in advance through the Website or the App. For some Workouts, it is necessary to reserve in advance to gain access to the Workout. There are also Workouts for which you do not have to or cannot make a reservation. In that case, the Member must register on location.
  4. If a Member has pending more than the maximum number of Reservations in his/her Account, a subsequent Reservation can only be made when the Member has made use of a reserved Workout (so that this Reservation lapses) or when the Member cancels one of the Reservations.
  5. If a Location has multiple branches, for the assessment whether the same Location is used is not taken into account the location, but the umbrella company. So working out several times a day at the same Location, but at different branches, is not permitted. The same applies for the total number of times per month that a Workout at a specific Location can be used.

ARTICLE 6. CANCELING A RESERVATION

  1. The term within which Reservations for a Workout can be cancelled in principle regards eight (8) hours before the start of the Workout, unless a different cancellation term is expressly indicated.
  2. A Member must cancel a Reservation no later than before the established term if the Member is unable to make use of the Workout or does not wish to make use of it. If the Member fails to timely cancel the Reservation or does not show up, the Member receives a warning from OneFit by e-mail.
  3. The first time that a Member does not timely cancel a Reservation or does not show up, OneFit does not apply charges for this to the Member. For each subsequent time that the Member cancels late or does not show up, OneFit bills a No-Show Fee of € 10 or the Late Cancellation Fee of € 5 to the Member.
  4. Owed No-Show Fees and Late Cancellation Fees are billed to the Member by way of direct debit. If these amounts – for whatever reason – could not be collected from the account of the Member by direct debit or the Member reverses these debits, the Member can no longer make use of the Membership, nor make any further Reservations. For more information about the manner in which OneFit bills No-Show Fees and Late Cancellation Fees and the consequences of late payment thereof, see: No show and Late cancel fees

ARTICLE 7. ACCESS TO ACTIVITIES

  1. The Membership is personal and non-transferable. That is why the Member must always be able to identify himself at the Location. The Member is therefore obliged to upload a recognizable picture of sufficient quality in his or her account, so that the Location can verify whether the Membership is used by the person entitled to do so. Intended by a recognizable picture of sufficient quality is an authentic and personal passport photo of the Member.
  2. The Member obtains access to a specific Workout by registering his participation in the App. In this way, the participation of the Member in the Workout is registered (“check-in”).
  3. The Member obtains access to the Workout at the moment that the Member has checked in through the App.
  4. For some Workouts it is necessary to reserve in advance to get access. So checking in for these Workouts is only possible if the Member has reserved in advance. Checking in is possible as from thirty (30) minutes before the start of the Workout until five (5) minutes after the start.
  5. As from five (5) minutes after the start of the Workout, the Member can no longer check in and a no-show fee is billed to the Member. Unless it is the first time that the Member did not check in on time. In that case, the Member receives a warning by e-mail.
  6. All Workouts can be attended without additional payment, unless the limit for the number of Workouts was reached. It may occur that a small contribution is asked for the use of materials, such as yoga mats, towels, boxing gloves, etc., or for the use of additional services such as, for example, wellness facilities. This is indicated on the Website and/or the App.
  7. The Member must be ready no later than fifteen (15) minutes before the start of the Workout, in the right attire, at the location of Location where the Workout takes place. The Location has the right to deny access to the Workout to Members who are not present on time.

ARTICLE 8. HOUSE RULES

  1. By using the Membership, Members declare to accept the house rules of the Location visited, whatever it is called, and they must follow the instructions of the collaborator(s) and the management of the Location. The house rules generally can be found ready for perusal at the location or they can be found on the website of the relevant Location.
  2. The Member must in all cases communicate any possible medical indications prior to the Workout to the collaborator(s) or the management of the Location.
  3. The collaborator(s) and the management of the Location have the right to ask a Member who does not observe the effective (house) rules and the underlying general conditions to leave the relevant location or Workout and, if so desired, also to exclude him/her from future visits. The Member is not entitled to the refund of payment already made for the Membership in such case. The Location is bound to inform OneFit concerning, whereby OneFit has the right to exclude the Member in case of multiple violations from further use by blocking the relevant App and the Account of the Member. In case of exclusion of visits or of the blocking of the App and the Account, the Member is not entitled to the full or partial refund of the payments that were made for the Membership already.

ARTICLE 9. THEFT, LOSS, ABUSE, OR FRAUD

  1. If the Member suspects that the App and/or the Account are used without his consent, the Member must immediately inform OneFit by e-mail: info@one.fit or by phone: 085 - 888 48 26. In such a case, OneFit will block the App and/or the Account.
  2. If OneFit suspects that the App and/or Account are used for fraud or an attempt to such effect is made, the relevant App and/or the Account will be blocked.
  3. OneFit can claim the costs that arise due to fraudulent or improper use from the Member.
  4. OneFit does not accept any liability for damage incurred by the Member, which damage is the result of the loss, theft, embezzlement, or improper use of the App and/or the Account. The App and/or Account used by the Member are strictly personal and can only be used on one smartphone at a time. The passport photo uploaded in the account must be of sufficient quality, so that the Location can verify whether the Membership is used by the person entitled to do so.

ARTICLE 10. REFLECTION PERIOD

  1. OneFit offers new Members the possibility to rescind the agreement free of charges within fourteen (14) days after the activation of the Membership. In case the Member makes use of a free trial period, then the starting date of this free trial period counts as the date on which the reflection period commences.
  2. If the Member wishes to exercise this option within fourteen (14) days after activation of the Membership, then Member must communicate this through the Website, App, or e-mail: info@one.fit to OneFit.
  3. OneFit will subsequently refund the Member within fourteen (14) days for the invoice amount proportionally. If the Member has not made use of the Membership, the entire invoice amount will be refunded. If the Member has made use of the Membership, that is: the Member has participated in at least one Workout, then the invoice amount will be refunded in proportion to the number of days after which the agreement is rescinded. If the Member rescinds after ten (10) days, the invoice amount reduced by 10/30ths is refunded.
  4. The reflection period is exclusively applicable to new Members, meaning: Members who activate the Membership for the first time and not, therefore, to the reactivation of already existing Memberships that were paused. OneFit reserves itself the right to reject Members or to terminate a Membership if OneFit suspects that the relevant Member makes repeated use of the reflection period (abuse).

ARTICLE 11. DURATION AND CANCELLATION

  1. The Membership is a subscription that is concluded for an indefinite term and that can be cancelled each time against the end of the current invoicing period of thirty (30) days, with due regard for a notice period of ten (10) days.
  2. Cancellation takes place through the Website or App. If a Member fails to timely cancel the Membership with due observance of the effective notice period, after the end of the current invoicing period a new invoicing period of thirty (30) days commences, after which the Membership ends.
  3. The Member can see in the Account at any moment he wishes how long the current invoicing period still lasts.
  4. After the Member has cancelled the Membership, the data of the Member remain stored in the system for twelve (12) months after the ending of the Membership. During these twelve (12) months, the Member has the option to simply reactivate the subscription, because his personal data are still stored. If the Member does not reactivate the Membership within twelve (12) months, the Account and the associated personal data are automatically removed. It is possible for OneFit, however, to keep the phone number and the e-mail address of the Member in anonymized form for analytic purposes.
  5. A Membership can be (re)activated on every day of the month. (Re)activation of the Membership occurs by ordering the Membership through the App or Website and paying for the first term of thirty (30) days. Payment occurs by way of iDeal or credit card.
  6. Immediately after (re)activation, Members can make use of the Workouts of Locations associated with OneFit.
  7. If the Member wants that the data are removed immediately after cancellation, the Member can submit a request to such effect to OneFit by e-mail. OneFit will implement such a request within one month at the latest.

ARTICLE 12. PRICES AND PAYMENT

  1. For the Membership, the Member owes the Membership Fee each time per thirty (30) days to OneFit. For different areas/cities, different monthly rates apply. OneFit bills the Member the rate of the city and or the area where the Member makes most use of his Membership. OneFit reserves itself the right to adjust the Membership Fee if it turns out that a Member more often makes use of Workouts in another city than the city for which the Member has registered.
  2. OneFit reserves itself the right to implement price changes. OneFit will inform the Member in writing of an intended price change. If a Member does not want to accept an intended price change, the Member must cancel the Account before the date on which the price change enters into effect and with due regard for effective arrangements regarding cancellation that are included in these general conditions.
  3. Payment for the Membership is only possible by way of payment with credit card or iDeal through the Website or App. Upon payment of the first instalment, the Member grants permission to OneFit until further cancellation for the direct debiting of the subsequent instalments. The collection of the due Membership Fee occurs each time per thirty (30) days and preceding the term which the payment is in regard to.
  4. If the owed Membership Fee could not be collected, for example because the balance on the submitted bank account was insufficient at the time of collection or because the Member submitted incorrect payment information, as well as in the event that a Member reverses the payment for a Period, further use of the Membership is blocked. The Member can still pay the charges owed for the Membership through the Account and eventually choose an alternative payment method. The Member continues to owe all due installments, though, until the time that the Membership is ceased in conformity with the conditions.
  5. Members can change the payment method in the Account. Administration costs may be associated with a change of payment method. These administration costs will be clearly indicated beforehand. Changes will be effective as from the subsequent payment period, with due regard for a one-week term.
  6. The Member receives a digital invoice per Period in the Account each time.

ARTICLE 13. PROMOTIONAL OFFERS, TRIAL PERIODS, AND FRIENDS-DISCOUNT

  1. OneFit regularly has promotional offers for new Members, whereby a discount applies for the first month(s) of the Membership. These promotional offers are not available for existing Members and the refund or compensation on account of promotional offers not used or missed is not possible.
  2. OneFit can temporarily offer free trial periods, whereby new Members can use the Membership for free for an indicated Period. Condition for the use of a trial period is that the new Member creates a complete Account including payment information through the Website or App. After the end of the trial period, it is automatically converted into a paid Membership. Before expiry of the trial period, the new Member can terminate the Membership through the Website or App with immediate effect, if an automatic extension is not desired. All other conditions associated with the membership also apply fully to the free trial period. These free trial periods are not available to existing Members and refund or compensation due to trial periods not used or missed is not possible.
  3. OneFit Members receive a unique personal friends-link that can be shared with friends, acquaintances, and family through, e.g., e-mail, Facebook, or Twitter. Everyone who registers through this friends-link for the Membership receives a one-time discount on the first Membership Fee. The Member whose friends-link has been used receives a friends-discount as thanks for the recruitment of a new Member. This friends-discount is set off against the payment of the next Membership Fee. The amount of these discounts is indicated by OneFit on its website.
  4. The friends-discount is automatically processed and only applies if the recruited Member had not been registered as a Member with OneFit previously. A recruited Member can only use one friends-link, if multiple friends-links are received, the discount is only attributed to the Member associated with the friends-link used for registration. This discount cannot be combined with other discounts and promotional offers.
  5. The maximum friends-discount that a Member can receive per term of thirty (30) days, is the amount of one instalment payment for the Membership. The compensation is never paid out in cash but will always be deducted from the instalment payment.
  6. The friends-discount is set off after the new Member has paid the first instalment and only if the Membership is not terminated immediately after the first instalment. If the Membership is cancelled or rescinded by the recruited Member during the first Period, the friends-discount lapses.

ARTICLE 14. USE OF THE WEBSITE AND APP

  1. After each Workout, Members can write a review which is posted on the Website and/or App. For the guidelines regarding the posting of reviews, see: Review guidelines
  2. The Website and the App contain social elements that enable Members to work out together. Members can search other Members and contact each other. Members who have contacted each other, can see each other’s Reservations, for example, review each other’s Workout history, and invite each other to participate in certain Workouts.
  3. On the Website and the App, reviews are shown for the Locations and it is indicated for the available Workouts which Members have reserved these Workouts. Shown at these mentions are the name and profile picture of Members. If the Member does not wish to be visible, then the setting ‘anonymous’ must be chosen in the Account.
  4. The uploading of a profile picture in the Account is obligatory. This profile picture is used for the identification of Members by the Locations upon checking in. The profile picture must be authentic, personal, and recognizable. In case a profile picture does not meet these requirements, the Location or OneFit will point this out to the Member. In such case, the Member must upload a new profile picture through the Website or App. If the Member does not adapt the profile picture to the established guidelines after having been alerted to this, OneFit and the Location reserve themselves the right to deny participation in Workouts to the Member.

ARTICLE 15. COMPLAINTS MECHANISM

  1. The Member directly enters into an agreement with OneFit regarding the use of the Membership. In its turn, OneFit has concluded agreements with Locations regarding access to the Workouts of Locations. Through the simple act of using the Membership or the Workouts of a Location, the Member does not enter into agreements with the Location.
  2. In case of complaints, the Member can always address OneFit. In addition, the Member can address OneFit in case of a dispute with a Location or of questions regarding the refunding of subscription fees.
  3. Complaints regarding Locations, the provision or services or products of OneFit, the use of the App, the Account or the Website must be reported as soon as possible in writing or by e-mail to customer services of OneFit.
  4. The mail address of customer services of OneFit is: Overschiestraat 182, 1062 XK Amsterdam. The e-mail address is: info@one.fit. In case of urgent matters or if direct consultation is desirable, phone contact is possible during opening hours (Mondays through Fridays 9.00 AM through 9.00 PM, weekends from 10.00 AM to 3.00 PM) through phone number 085 - 888 48 26.
  5. Complaints can be reported until no later than fifteen (15) days after the event. If the term of fifteen (15) days has expired, the right of complaint lapses. Members are requested to clearly describe a complaint and to send along any possible proof. OneFit will do its best to resolve each complaint satisfactorily and as soon as possible.

ARTICLE 16. PRIVACY

  1. OneFit observes the requirements and guidelines for diligent conduct as described in the General Data Protection Regulation. Members declare to agree with the storage of user data and personal information by OneFit.
  2. OneFit has the right to use the personal data stored by it for the implementation of the Membership and for marketing purposes.
  3. OneFit uses the personal data of the Member exclusively for the own business operations and does not provide these data to other parties.
  4. The Member agrees to receive through via e-mail and social media or in another manner (for example a message through the App) relevant news and offers of OneFit. The Member can unsubscribe for each of these provisions of information through the Account.
  5. OneFit makes use of cookies on its Website. For complete use of the Website of OneFit, the consent of the Member for the use of cookies is required.
  6. For a complete summary of the manner in which OneFit deals with the privacy of its Members and visitors, see: https://one.fit/en-nl/privacy.

ARTICLE 17. LIABILITY

  1. The liability of OneFit only covers the correct implementation of the agreements concluded by it, more specifically the Membership.
  2. In case of an attributable shortcoming of OneFit in complying with its obligations on account of an agreement concluded with the Member, OneFit is only bound to provide it still complies with the obligations flowing for OneFit from the agreement concluded with the Member, as well as to pay a compensation in proportion to the Period during which the Member, as a result of this attributable shortcoming, has not been able to use the services of OneFit. The amount of this compensation will in all cases be limited to a maximum of the amount that the Member has paid to OneFit during this period on grounds of the agreement concluded between parties.
  3. Barring in the event of willful intent or deliberate recklessness of OneFit or its subordinates, the liability of OneFit for damage, both direct and indirect, on account of any agreement or delivery of matters or services, is excluded.
  4. OneFit does not accept any liability for damage, both direct and indirect, that the Member incurs before, during, or after or otherwise as a result of a visit to a location and/or participation in a Workout of a Location, also including personal injury or damage as a result of loss of income. Use of the Workouts offered by associated Locations is expressly at the own risk of the Member.

ARTICLE 18. MODIFICATIONS AND REFERENCE

  1. OneFit has the right to modify these general conditions at any time it wishes.
  2. Unless stated otherwise, the modified conditions enter into effect after publication and/or notification to the Member. The modified conditions replace the previous version of the general conditions. If the Member does not want to accept the new conditions, the Member has the right to cancel the agreement with OneFit against the date on which the modified conditions enter into effect. Cancellation on grounds of this provision occurs in writing by e-mail to: info@one.fit.
  3. The latest new version of the general conditions can always be found on the Website of OneFit. In addition, these conditions have been registered at the Chamber of Commerce. Upon request, OneFit sends the Member a copy of its general conditions free of charges.

ARTICLE 19. APPLICABLE LAW AND CHOICE OF COURT

  1. To all relations between the Member, the Location and/or OneFit, Netherlands legislation is applicable.
  2. All disputes that cannot be resolved in accordance with the complaints mechanism of article 15 and which arise in connection with an agreement to which these general conditions are entirely or partially applicable, or in connection with other agreements that flow from such an agreement, will be settled by the competent court in the district of the place of establishment of OneFit, unless a mandatory legal provision opposes such. This leaves unaffected that OneFit can establish with the Member or the Location to have the dispute settled by way of independent arbitration.

APPENDIX 1. SUMMARY MEMBERSHIPS


This Appendix is an integral part of the general conditions of OneFit.

OneFit Original Membership OneFit Lite Membership
Number of Workouts* 16 check-ins per Period 4 check-ins per Period
Check-ins at the same Location 4 per Period 2 per Period
Check-ins per day 2 (at various Locations) 2 (at various Locations)


*Buy Additional Workouts

When a Member has purchased the maximum number of Workouts per Period, the Member can reserve Additional Workouts against payment. In this manner, the Member can reserve as many Additional Workouts as he wants. This also applies to Reservations and Open Training.

Rules

It is only possible to purchase Additional Workouts in case of Workouts that are offered in the OneFit App and/or during the training hours for Open Training as indicated in the OneFit App.

The option to purchase Additional Workouts is only available for OneFit Original and Lite Memberships. This option is not available to business memberships and promotional memberships.

How does it work?

When you have reached the maximum number of Workouts per Period, in case of each subsequent Reservation or Check-in it will be asked by the OneFit-app to approve the billing of additional costs and the No-Show rule. The Additional Workout Reservation or Check-in is only definitive once the Member has approved the additional costs and the No-Show rules. In this manner, the Member can make as many Additional Workout Reservations or Check-ins as he wants.

Costs

The costs for an Additional Workout vary per Location and will be indicated every time by OneFit when you place the Additional Workout Reservation or Check-in. The costs for the Additional Workout are automatically debited within 3 days after the date of the Workout to the account number that is linked to the Account of the relevant Member. The Member authorizes OneFit to automatically collect these. If the Member cannot participate in an Additional Workout but does not cancel the Reservation on time (No-Show), the entire costs for the Additional Workout are automatically debited to the account number of the Member.

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