Circle-Fit General Terms and Conditions
These General Terms and Conditions apply to all clubs that are part of the chain of Circle-Fit (hereinafter referred to as CF). These clubs can be found on the website: www.circle-fit.nl.
Only a natural person can be registered as a member of CF.
Registration as a CF member implies acceptance of CF's General Terms and Conditions, Privacy Statement and internal rules.
Conditions for registration of persons aged 18 and over
Registration as a CF member can be done online via the website or at the club.
In case of online registration, legal consumer protection applies and the member has the right to cancel the membership within 14 days from the day of registration without giving reasons (cooling-off period); this can only be done at the club by using a cancellation form; the procedure for cancellation of the membership reported below in the General Terms and Conditions applies. This cooling-off period does not apply to members who have registered at the club. If an online registered member decides to cancel the membership within the 14-day cooling-off period and the membership has not been used during that period, the cancellation will be free of charge. If an online registered member cancels within the period of 14 days from the day of enrolment, but has used the membership, CF will charge the cost of the starter package and the cost of the membership, pro rata to usage until the day of cancellation. To register as a member of CF, a valid proof of identity may be requested, as well as a bank card showing name and account number. Valid proof of identity means an unexpired passport, identity card or driving licence. The personal data and the data on the bank card should correspond to the data entered online or at the club via the website or via the electronic tablet at the club. CF processes the personal data within the framework of the applicable laws and regulations, such as the General Data Protection Regulation (GDPR).
Conditions for registration for minors aged 12 and over
The registration of a minor as a member of CF is subject to a minimum age of 12 years. Registration can only be done at the club. A parent, or a legal representative appointed by law (such as a guardian or administrator), must come along for the minor's registration as a member. The parent or other appointed legal representative must complete and sign the application form. The parent or other appointed legal representative must also show a valid ID upon request. Furthermore, the same conditions for registration apply as to the registration of persons aged 18 and over.
Subscription types
CF offers various subscription periods, namely: 12 months, 6 months and a flex membership, with prices varying by subscription. Exceptions in terms of subscription type, price or duration of the subscription are determined by CF's management and are binding for the member.
The official start of the fixed subscription period is the Friday of the next four-week collection period. Upon registration, the member pays €29.99 for the starter package (registration fee). For the various subscription types, the member has unlimited use of all CF facilities during the term of the agreement, except for some specific facilities/products. An additional fee is charged for these facilities/products. These specific facilities/products are listed on CF's website under the heading of extra services. In case of loss of or damage to a card/bracelet, which renders the card/bracelet unusable, the member must purchase a new card/bracelet at a cost of €15 per card/bracelet. Each subscription is an agreement for an indefinite period and is renewed after the first agreed minimum subscription period for one calendar month at a time and can be cancelled monthly from then on, subject to the applicable notice period. In case of a termination within the first agreed minimum subscription period, which is submitted at least one whole calendar month before the official end date of the fixed period, the official end date of this minimum subscription period shall apply. Early termination is not possible, with the exception of moving outside a 15-kilometre radius from the CF location, and not coming to live within a 15-kilometre radius from another CF location, which must be proved by means of a registration certificate from the new municipality. In the case of a termination submitted within one month before the expiry of the fixed subscription period, or after the fixed subscription period, a notice period of one full calendar month shall apply. Cancellation is only possible at the club through a completed cancellation form, available at the counter of the respective CF location. Telephone and verbal cancellations will not be accepted, nor will e-mail cancellations. When cancelling by means of a cancellation form at the counter, CF will give you a receipt for this. Keep this form well; however, this is not yet a cancellation confirmation. You will receive the cancellation confirmation by e-mail upon correct cancellation, including the subscription end date. After termination of a subscription, any outstanding instalments remain due undiminished and must be paid immediately. The same applies to instalments that are reversed after a subscription has been terminated. Regardless of whether or not the customer uses CF's facilities, the customer remains obliged to pay the monthly instalments. The level of use is independent of the payment obligation. CF reserves the right, in case of misconduct, to refuse customers and terminate subscriptions early/immediately, whereby the obligation to pay until the end of the contract remains unaffected.
Other general provisions
CF reserves the right to modify (one or more of) the clubs, or parts of them, 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 due to government-imposed measures, without refund of membership fees. In case of temporary closure due to renovations, during the renovation period, CF will give members of that club the opportunity to visit another location of CF as much as possible. CF reserves the right to increase fees annually, which will be communicated through a newsletter or e-mail. This increase does not grant the right to terminate the subscription, unless it exceeds 5% per year. Rate adjustments due to government measures can be applied immediately, regardless of the amount and do not grant a right to termination. By signing the registration form or clicking on the “become a member” button on the website, the member declares to comply with the internal rules drawn up by CF at all times and to be aware that if the internal rules are violated, access to CF will be denied, which does not relieve the member of the payment obligation that applies for the full contract period. CF's internal rules are made known to every member at the club and on CF's website. The membership is strictly personal and not transferable. In the event of a change in contact and/or address details, the member is responsible for communicating these changes; any expenses incurred as a result of not communicating these changes or not communicating them in time shall be borne by the member. CF and its employees are not liable for loss, misappropriation, theft or damage, whether direct or indirect, of or to property of participants or third parties, respectively. CF and its employees are not liable for any material or immaterial damage resulting from an accident or injury suffered by members or third parties in the club, nor for injuries caused, for example, by the withholding of medical information upon registration or by improper use of the equipment or facilities. CF reserves the right to supplement and/or amend the General Terms and Conditions as well as the internal rules and other provisions. Changes therein will be made known via newsletter, e-mail or personal notification to the member at the club, after which these rules and regulations will be binding for every member.
Payment method
When registering by tablet or via the website, the member undertakes to pay the subscription amount due until the end of the contract. By signing the application form or clicking on the “become a member” button on the website, the member authorises automatic collection from the account number provided by the member according to the procedure reported below. Every Friday (determining is the week one became a member), the subscription fee of the four-week period is collected. The member therefore generally pays in advance. Payments other than direct debit for subscriptions are not possible. In the case of prepaid instalments, no refund of subscription fees will be made under any circumstances.
When payment is not made
A maximum of one instalment will be collected per collection round, with the exception of the first collection upon registration. If an instalment is reversed or cannot be collected for any other reason, a first reminder will be sent on the Friday following the Friday of collection (second Friday) with a payment link for the missed collection; sending the reminder is also a notice of default; if payment is not made, a second reminder will be sent on the Friday following the second Friday (third Friday) with a payment link; if payment is still not made, this constitutes default and a third reminder will be sent on the Friday following the third Friday (fourth Friday), stating that the collection of the total outstanding subscription amount with administrative costs and any instalments still to be invoiced that become payable until the end of the contract has been delegated to the collection agency engaged by CF. The collection agency will send one more reminder letter. If the total outstanding amount is not paid, the collection agency will charge a minimum of €40 in collection fees and interest charges. These costs shall be borne by the member, who shall pay these costs, together with the outstanding claim, to the collection agency. After a claim against the member has been forwarded to the collection agency, use of CF's facilities by the member concerned is no longer possible. Payments and overall communication about membership should go through the collection agency from then on. Only when the full amount due has been paid to the collection agency will the member be granted access to the club again.
Other provisions
This agreement is governed by Dutch law. If any provision of the subscription and/or the General Terms and Conditions is found to be null and void, this shall not affect the validity of the overall agreement and/or the General Terms and Conditions. Acceptance of membership is subject to the approval of CF’s management. Any use of CF's facilities and amenities is at your own risk. Before using any facility, or participating in any activity, each member should ascertain whether use/participation is medically responsible for her/him. When in doubt about physical condition, it is advisable to seek expert advice from a physician or medical expert in order to determine what mode and intensity of exercise is responsible. Use of CF's facilities and amenities are only possible with clean indoor shoes and a towel. Failure to bring or use these items may result in disqualification from the club. At CF, your digital data is kept and used securely. More information about this can be found in CF's Privacy Statement. CF's Privacy Statement is published on the website www.circle-fit.nl or is available on request at each club. Issues not covered by these general terms and conditions will be decided by CF's management. This decision is binding for the member.