Article 1 – Definitions The private limited company

BodyBase B.V. is registered with the Chamber of Commerce under number 73807427 and is located at Johan de Wittlaan 40 (3054AA) in Rotterdam, operating at various locations in Rotterdam, Hillegersberg, and Amsterdam under the trade name BodyBase Studios.
Participant(s): An individual registered to participate in a training session or class. Participant Agreement: The agreement between BodyBase and a participant in the form of purchasing a subscription, single class, package, credits, or event/workshop.
Participant Terms and Conditions: These general terms and conditions, which are published on the BodyBase website.
Credit: The credit or single class/package purchased by a participant via the website to book and/or attend a class at a BodyBase studio within the specified period.
Subscription: The subscription purchased by a participant via the website to book and/or attend unlimited or limited classes at a BodyBase studio within the specified subscription period.
Class: Any (individual or group) class, with or without the use of the BaseLine machine, given by or on behalf of BodyBase in a BodyBase studio or other specified location by BodyBase.
Personal Data: All data provided by a participant to BodyBase as indicated in the Participant Agreement.
Studio: Any BodyBase studio, as indicated on the website.
Term: The period from the purchase of credit or subscription during which a participant has the right to participate in a class or a limited number of classes.
Website: The BodyBase website; https://bodybase.com/

Article 2 – General

2.1 Every participant is obligated to familiarize themselves with these Participant Terms and Conditions of BodyBase. If a Participant Agreement exists between BodyBase and a participant, these general regulations are part of it and are inseparably linked to it.
2.2 The rights under a Participant Agreement are strictly personal and can’t be shared.
2.3 BodyBase reserves the right to limit the total number of registrants, as well as to change the opening hours, class schedules, number of classes, and rates.
2.4 BodyBase also reserves the right to refuse participants in case of abuse of the subscription system or BodyBase facilities or in case of improper behaviour.
2.5 Wearing clean sports clothing is mandatory. Wearing shoes in the training areas is prohibited.
2.6 Wearing anti-slip socks (grip-socks) during classes on the BaseLine machine is mandatory duet o hygiene and safety reasons. A participant who wants to attend a BaseLine class without anti-slip socks will be denied access.
2.7 Using a personal towel for each activity is mandatory.
2.8 Every BodyBase studio is smoke-free.
2.9 Consuming self-brought drinks and/or food is prohibited at BodyBase, except for the use of bottles or sealable containers with water.
2.10 Participants can use the free lockers provided at the BodyBase location to store their personal belongings. However, the use of these lockers is at their own risk. BodyBase does not assume liability for any damage and/or theft of participants’ belongings.
2.11 BodyBase reserves the right to close the entire day or part of the day on recognized holidays, during events organized by BodyBase, on days of renovations or any other reason  BodyBase finds valid to close.
2.12 Children under the age of 16 are not allowed at BodyBase, except for children accompanied by their parents, during special children’s classes, and with explicit permission from BodyBase staff. Any injury to children or damage to children’s belongings resulting from unauthorized access to the studio is at their own risk.
2.13 Pets are not allowed at BodyBase.

Article 3 – Applicability

3.1 These Participant Terms and Conditions apply to all legal relationships between BodyBase and a consumer (Participant) who has purchased a single Lesson, Credit, or Subscription and/or is brought by a friend who is a member and/or participates in a Lesson or event/workshop/personal training offered and/or provided by BodyBase.
3.2 By purchasing a single Lesson, Credit, and/or Subscription, as well as by participating in a Lesson, personal training, event, or workshop, the Participant agrees to these Participant Terms and Conditions.
3.3 Deviations from these Participant Terms and Conditions are only valid if expressly agreed upon in writing.
3.4 BodyBase may amend these Participant Terms and Conditions at any time. The latest version is always the applicable version and is available on the Website. A copy of the Participant Terms and Conditions can be provided upon request.

Article 4 – Participant Agreement

4.1 The Participant Agreement between the Participant and BodyBase is established at the moment when the Participant (a) completes all requested information as stated in the Participant Agreement and signs it for approval, (b) through mutual agreement between both parties, which shall be evidenced by the (online) registration of a Participant, or (c) when the Participant has used the training facilities of BodyBase or participated in a Lesson, event, or workshop. A Participant Agreement is entered into for an indefinite period and can be terminated in accordance with Article 5 of these Participant Terms and Conditions.
4.2 The Participant’s completed Participant Agreement (evidenced by the online registration) and these Participant Terms and Conditions together constitute the complete representation of the rights and obligations of BodyBase and the Participant, replacing all previous written and oral announcements, agreements, and any other correspondence.
4.3 The Participant shall ensure that all data, as indicated by BodyBase as desirable or reasonably understood to be necessary for the performance of the Participant Agreement, are provided to BodyBase in a timely manner.
4.4 An agreement between BodyBase and a Participant consists of one or more Credits and/or Subscriptions, which entitle the Participant to participate in a (limited number of) Lesson(s) or event/workshop/personal training during the Term. Therefore, Credits and Subscriptions have limited validity. The individual validity is indicated in the Participant’s account and on the website. Once a Credit, a Package , and/or Subscription has expired or been used, a Participant cannot register for a Lesson.
4.5 In the case of serious injuries, prolonged illness, or an extended stay abroad, the validity of a Credit, Package, or Subscription can be suspended with the written consent of BodyBase. BodyBase will request evidence before granting a suspension request.
4.6 A Credit and/or Package automatically expires. A Credit and/or Package is not renewed automatically.
4.7 Upon expiration of the Subscription, it is automatically renewed at the prevailing prices for a period identical to the initial duration of the Subscription. After the initial duration of the first Subscription, the Participant has the right to terminate the agreement on a monthly basis, with four weeks notice.
4.8 Article 4.7 also applies to promotions and special offers. After the period of a promotion or special offer has ended, it is automatically renewed at the prevailing prices stated on the website, for a period identical to the initial duration of the Subscription. It can be terminated monthly after the duration of the promotion or special offer, with four weeks notice.
4.9 The Participant Agreement is personal, and the Participant is not entitled to transfer the rights and obligations arising from the Participant Agreement concluded under these Participant Terms and Conditions, in whole or in part, to third parties.

4.10 If a Participant has entered into a Participant Agreement with BodyBase, the Participant is entitled to revoke the Participant Agreement within 14 (fourteen) days after signing the Participant Agreement with BodyBase.

4.11 If the Participant revokes the Participant Agreement in accordance with Article 4.10, the Participant will receive a refund of all payments made to BodyBase, unless the Participant has already used the facilities of BodyBase and/or entered a BodyBase Studio. By providing this consent, the Participant waives their right of revocation.

4.12 If the Participant decides to purchase a new/additional Credit, Package, and/or Subscription from BodyBase, the terms of the Participant Agreement and these Participant Terms and Conditions will continue to apply in full, unless expressly agreed otherwise in writing.

4.13 Modification of a duly concluded Participant Agreement can only be made with the prior written consent of BodyBase. Modifying a Participant Agreement may incur costs for a Participant.

Article 5 – Prices and Payment

5.1 The current prices of a single Credit, Package, or a Subscription are stated on the Website. The latest prices are always valid and are available on the Website. Price increases do not affect already purchased and paid Credits, Subscriptions, and/or Packages. Price increases do influence automatic renewals of Subscriptions.
5.2 Unless otherwise agreed, payments must be made through the online payment system.
5.3 Payments already made by the Participant will not be refunded unless the Participant validly revokes the agreement in accordance with Article 4.10.
5.4 In the event of a failed automatic payment for a monthly subscription, the system will automatically retry the payment after 3 days. If the second attempt fails, a third and final attempt will be made after another 3 days. If all three attempts fail, the Participant’s membership will be blocked.
5.5 In the event of unsuccessful collection or disputed/reversed subscription fees, additional charges will be applied. These additional charges consist of (a) the costs incurred by BodyBase to the payment system Stripe for the failed transaction and (b) administrative fees charged by BodyBase for processing the failed payment. The additional charges amount to €15 and must be paid directly to BodyBase through a payment request.
5.6 BodyBase reserves the right to index and modify its prices and rates.
5.7 If the facilities of BodyBase cannot be used or can only be partially used due to circumstances beyond the control of BodyBase, the costs owed by the Participant for the use of BodyBase facilities will not be refunded.
5.8 No rights can be derived from promotions or special offers, either before or after they are offered.

Article 6 – Debt Collection Policy

6.1 If the Participant fails to meet their payment obligation within a period of 14 days, they will first receive a written reminder with a period of 14 days from the date of receipt of the reminder by BodyBase to fulfil their payment obligation, along with a statement of extrajudicial costs if the Participant fails to meet their obligations within the specified period before they are in default.
6.2 From the date the Participant is in default, BodyBase will claim the statutory (commercial) interest without further notice of default, starting from the first day of default until full payment, and reimbursement of extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the scale set out in the Decree on Compensation for Extrajudicial Collection Costs of July 1, 2012.
6.3 If BodyBase has incurred more or higher costs that are reasonably necessary, these costs will be eligible for reimbursement. The costs incurred in legal proceedings and enforcement will also be borne by the Participant.

Article 7 – Participation, Cancellation, No Late Arrival, Pause and Rescheduling of Classes

7.1 A Participant must register in advance for a class through the designated online booking system. Without registration, a Participant has no right to participate in a class.
7.2 A Participant who has registered can cancel their registration up to 8 hours before the start of a class. Within 8 hours, a late cancellation fee will be charged.
7.3 BodyBase is entitled to make changes to the training schedule and/or training locations without providing reasons. The latest schedules and locations are always valid and available on the Website.
7.4 BodyBase has the right to cancel a class in case of insufficient interest until the start time of the class. In such cases, the credit will be refunded to the Participant.

7.5 Extraordinary circumstances constitute force majeure for BodyBase and release BodyBase from its obligations. In the event of persistent force majeure, BodyBase is exempt from fulfilling the agreement.
7.6 If a Participant causes such hindrance or disturbance that it hampers the proper execution of a Class, BodyBase may exclude the Participant from the Class. All resulting costs will be borne by the Participant.
7.7 If a Participant does not wear anti-slip socks, BodyBase will exclude the Participant from the Class. All resulting costs will be borne by the Participant.
7.8 If a Participant fails to cancel the Class in a timely manner, the Class will be considered as attended and the Participant will not be reimbursed for the Class nor have the opportunity to make up for it. In the case of a Subscription, a penalty of EUR 5 will be charged within 24hours, which the Participant is obliged to pay. If the Participant fails to cancel the Class and does not show up, thereby occupying a training spot, the corresponding credit from the Credit or Package will be deducted. In the case of a Subscription, a penalty of EUR 5 will be charged within 24hours, which the Participant is obliged to pay. BodyBase is never obligated to refund any already paid fees.

7.9 Participants with a VIP, Lite and Off Peak membership (only) may pause their subscription one time for the period of the subscription. The length of the pause is stated on the website. The pause can only be activated one time within the period of that subscription, even if the duration of the pause is less than the total amount stated on the website. Your membership will be extended by the number of days of the pause period. The membership pause does not replace your monthly billing, but only postpones it.

7.10 BodyBase is dedicated to offering high-quality, focused classes that ensure each participant gets the most out of their workout. To maintain this experience for everyone, we ask the Participant to arrive on time.

7.10.1 To ensure a smooth check-in and preparation, BodyBase asks Participant to arrive 10 minutes before the scheduled class time. This allows Participant to get ready and receiving instructions for an optimal workout experience.

7.10.2 For the respect of all attendees and to avoid disruptions, entry will not be permitted once the class begins. The workout room doors will be locked at the start of the class for safety and to maintain the flow of the class.

7.10.3 Missed Class Policy

• If Participant misses a class due to late arrival, refunds or class credits will not be issued.

• Cancellations are allowed up to 8 hours before the class (Article 7.2). If Participant cancels within the 8-hour window or does not attend, he will lose the class credit.

• For unlimited subscriptions, a EUR 5 fee will be charged for late cancellations or no-shows. Each member is allowed one free late cancellation per month.

7.11 Booking Window by membership type

Booking access depends on the Participant’s membership type:

• VIP Members: Can book up to 3 weeks in advance

• Aggregator Users (e.g., Urban Sports Club and Classpass): Can book up to 2 weeks in advance

• Credit, Package, and Standard Members: Book up to 2 weeks in advance

7.12 Spot selection during booking

In some studios and classes, Participants may select their BaseLine station during the booking process. This is subject to availability and indicated in the class booking system. If spot selection is not available, BaseLine allocation will be determined on a first-come, first-served basis upon arrival.

7.13 Waitlist Policy

When a class is fully booked, Participants may choose to join the waiting list. If a spot becomes available, all participants on the waiting list will be notified via email. The first person to respond and confirm the spot will be added to the class.

Article 8 – Credit

8.1 Each Package specifies the number of times the Classes can be attended during the Term. Classes that are not used during the Term will automatically expire.
8.2 One Credit entitles the Participant to participate in one Class.

Article 9 – Termination of Participant Agreement

9.1 If a Participant has purchased a Package, the duration of the Package is as indicated on the website. The Package ends once the last class of the package has taken place or once the Package reaches its expiration date.

9.2 A Participant can also enter a subscription. The duration of the subscription is indicated on the website and cannot be terminated prematurely.

9.3 Both the Participant (subscription or Package holder) and BodyBase have the right to terminate the Agreement due to attributable failure to fulfill the Agreement if the other party has been notified in writing of the deficiency and has been given a reasonable period to fulfill its obligations, and if it still fails to fulfil its obligations correctly within that period. This also includes the payment and cooperation obligations of the Participant.

9.4 The termination of the subscription does not release the Participant from the payment obligations if BodyBase has performed work or provided services at the time of termination. The subscription holder must fulfill the agreed-upon compensation.

9.5 Both the Participant and BodyBase can terminate the Agreement in whole or in part without further notice in writing with immediate effect if either Party is in suspension of payment, bankruptcy has been requested, or the relevant business ends due to liquidation or other than the merger or reconstruction of the business. In the event of a situation as mentioned above, BodyBase is never obliged to refund any funds already received and/or provide compensation for damages.

9.6 If the Participant is a Company, it is not entitled to terminate the Agreement prematurely. If the Participant terminates the Agreement prematurely or does not make use of BodyBase’s services, the Participant is obliged to pay the full agreed amount. This may be increased by a determined number of damages.

Article 10 – Risk and Liability

10.1 The use of the facilities in a BodyBase Studio, including but not limited to strength, flexibility, and fitness training, and/or participation in any Class, training program, free-weight area and/or activities with or without the BaseLine machine of any kind at BodyBase, is entirely at the Participant’s own expense and risk.

10.2 The Participant is obliged to inform both before, during, and after any training supervised by a trainer about their physical condition, such as injuries, illnesses, and/or other physical conditions, and/or to provide information that the Participant reasonably understands to be necessary for exercising exercises. The Participant is responsible for reporting this information.

10.3 Both BodyBase and its employees and self-employed individuals shall not be liable for material and/or immaterial damages resulting from an accident or injury/injury to the Participant and/or third parties within a BodyBase Studio or other location where the Participant participates in BodyBase Activities.

10.4 BodyBase and its employees and self-employed individuals accept no liability for damage, loss, or theft of property belonging to the Participant and/or third parties.

10.5 The Participant is liable for damage caused to BodyBase’s property if such damage is a result of negligence and/or fault of the Participant.

10.6 The exclusions and limitations of liability as stated in this article are also stipulated for and on behalf of BodyBase’s subordinates and any other persons whose assistance BodyBase uses in the execution of the Participant Agreement.

Article 11 – Personal Data and Privacy Policy

11.1 Each Participant is aware that they provide certain personal data to BodyBase, such as name, age, address, and email address. The personal data of the Participants are strictly confidential and are used by BodyBase solely for administrative purposes.
11.2 If the Participant agrees to these Participant Terms, the Participant gives BodyBase permission to process their personal data for commercial purposes of BodyBase. Any processing of personal data by BodyBase complies with the Personal Data Protection Act (Wbp). BodyBase will destroy all data of the Participant upon the written request of the Participant.
11.3 BodyBase may take photos or videos of the Classes or other areas in the Studio for use on social media or on the BodyBase website. The Participant is aware of this and grants consent for such use.
11.4 By agreeing to these Participant Terms, the Participant gives BodyBase permission to send offers from BodyBase to the Participant via email and other means.

Article 12 – Complaints

12.1 A Participant must report a complaint regarding any performance by BodyBase to BodyBase as soon as possible after the defect or damage has been identified, and no later than fourteen (14) days after the Participant has identified the defects or damages. The complaint is submitted via email to BodyBase at info@bodybasestudios.com, stating the location and a description of the complaint.
12.2 The complaint must be fully and clearly described and accompanied by any supporting evidence.
12.3 BodyBase will respond to the complaint submitted by the Participant as soon as possible, but no later than two (2) weeks from the date of receipt. If BodyBase expects to need more time to process the complaint, it will notify the Participant immediately by email after this has been determined.
12.4 If the complaint cannot be resolved through mutual agreement, a dispute arises as referred to in Article 13, paragraph 4, of these Participant Terms.

Article 13 – Website

13.1 The information provided on the Website is solely intended for general informational purposes. Due to external circumstances, delays, defects, and/or other, imperfections may occur in the provided information.
13.2 Although BodyBase exercises the utmost care in the composition and maintenance of its website, BodyBase cannot guarantee that the provided information is complete, up-to-date, and/or accurate. The Participant hereby unconditionally and irrevocably waives their right to compensation for any direct or indirect damages that have arisen, arise, or will arise from the use of personal data, unless BodyBase has acted with intent or gross negligence.
13.3 The Website and its content are protected by copyright, trademark rights, and other intellectual property rights. Nothing from this website or its content may be reproduced, stored in an automated database, or made public in any form or manner, either electronically or mechanically, through photocopies, recordings, or in any other way, without prior permission from BodyBase.

Article 14 – Applicable Law and Jurisdiction

14.1 These Participant Terms come into effect as of September 28, 2019.
14.2 Deviations from these Participant Terms are only valid if confirmed in writing by BodyBase.
14.3 In the event that any provision in these Participant Terms is declared null and void or is annulled, this does not affect the validity of the other provisions. BodyBase and the Participant will then consult in order to agree on new provisions to replace the null and/or annulled provisions while preserving the purpose and scope of the original provision as much as possible.
14.4 Any legal relationship with BodyBase is governed by Dutch law. All disputes between the Participant and BodyBase arising out of or in connection with the Agreement will be exclusively settled by the competent court in the district of Rotterdam.