General Terms & Conditions

RowStudio
General terms and conditions

(version April 2020)

 

In this document you will find the general terms and conditions of RowStudio. Do you participate in our workouts? Then we recommend that you read these terms and conditions carefully.

RowStudio

You are currently reading the terms and conditions of RowStudio. RowStudio is a boutiqye gym where (offline and online) group trainings are given around the rowing machine. The company is driven by BT Sports Concepts B.V.

RowStudio
Stadhouderskade 155
1074 BC Amsterdam
info@rowstudio.nl
www.rowstudio.nl
020 845 69 94

BT Sports Concepts B.V.
Chamber of Commerce: 73092894
Prinsengracht 204-3
1016 HD Amsterdam
info@rowstudio.nl
06 525 99 842

Introduction

We recommend that you read these terms and conditions carefully. Together they describe the rights and obligations of RowStudio and of you as a participant in our trainings. We may amend these terms and conditions. The most recent version can always be found on our website: https://rowstudio.nl/general-terms-conditions. We advise you to come back every now and then and see if there is a new version.

1. Definitions

RowStudio
See above under the heading RowStudio.
Participant
Anyone who has a Participation Agreement with RowStudio.
Participation agreement
The agreement between RowStudio and a Participant. This agreement is a framework agreement. Under the terms of this framework agreement, Packages and Memberships can be purchased. If such a Package or Membership ends, the Membership Agreement will continue unless (also) it is terminated.
Package
A package entitles the Participant to participate in a certain number of Trainings within the agreed period of validity. It can be (among others) a Drop-in class, an Intro Deal, a 5-Pack Online, a 10-Pack, a 20-Pack, an Online Intro Deal or an Online Single.
Membership
A membership entitles the Participant to participate in a (certain or unlimited) number of Trainings per month.
Training
Each (individual or group) lesson given by or on behalf of RowStudio. This Training can take place online, in the studio or elsewhere.

2. Application

2.1 – These General Terms and Conditions apply to all legal relationships between RowStudio and each Participant.
2.2 – All provisions of these General Terms and Conditions have also been drawn up for the benefit of all directors of RowStudio and all persons working for RowStudio and/or engaged by RowStudio.
2.3 – Deviations from these General Terms and Conditions shall only be valid if such deviations have been expressly agreed and recorded in writing.
2.4 – RowStudio may amend these General Terms and Conditions from time to time. The latest version shall always be the applicable version and shall always be available on the RowStudio website. Upon request, a copy of the General Terms and Conditions shall be provided free of charge.

3. Participation Agreement

3.1 – The agreement between the Participant and RowStudio (the Participation Agreement) comes into effect when the Participant has registered using the online form (1) and/or made use of RowStudio’s training facilities (2).
3.2 – If a Participant purchases a Package or Membership, this is done under the terms of the Participation Agreement.
3.3 – A Participation Agreement is entered into for an indefinite period of time and is terminable in the interim in accordance with articles 3.6 and 3.7 of these General Terms and Conditions.
3.4 – If a Participant has entered into a Participation Agreement with RowStudio, the Participant is entitled to revoke the Participation Agreement for a period of 14 (fourteen) days.
3.5 – If the Participant revokes the Participation Agreement in accordance with Article 3.4, the Participant will be refunded all payments made by the Participant to RowStudio, unless the Participant has already followed a Training or otherwise used the facilities of RowStudio.
3.6 – Participant may terminate the Participation Agreement at any time by sending an e-mail to info@rowstudio.nl. This also terminates any Membership, with effect from the date on which this is possible in accordance with Article 5 of these General Terms and Conditions.
3.7 – RowStudio may terminate a Participation Agreement at any time with immediate effect, which will also terminate any Membership. Within 14 days after termination, payments made will be refunded in proportion to the training not yet completed. There will be no refund if the Participation Agreement is terminated due to inadmissible behaviour of the Member or if the period of validity of a Package had expired.
3.8 – After the Participant Agreement has ended, the Participant can no longer follow Trainings and otherwise the Participant can no longer use the facilities of RowStudio.

4. Packages

4.1 – The packages offered by RowStudio are listed on the RowStudio website.
4.2 – Each package entitles the Participant to participate in the corresponding number and type of Trainings (excluding Personal Trainings), subject to the other provisions of these General Terms and Conditions.
4.3 – The Trainings must be booked and followed within the following period of validity:

  • Intro Deal / Intro Online Deal: 2 weeks
  • Drop-in / Single Online class: 2 weeks
  • 5-Pack Online: 3 months
  • 10-Pack: 6 months
  • 20-Pack: 6 months

4.4 – The validity period begins on the day of the purchase of the Package. Upon expiry of the period of validity of a Package, any remaining claims of the Participant for one or more Trainings will lapse. There will be no refund.
4.5 – For any (temporary) action packages, a different period of validity applies. For this, please refer to the then applicable action conditions.
4.6 – With the exception of the Intro Deal and Intro Online Deal Packages, it is not possible to share Packages. These are strictly personal.
4.7 – In consultation with RowStudio, a Participant may transfer his/her package to a third party, provided there is a Participation Agreement between this third party and RowStudio. In the event of transfer, the Training Courses to which a right still exists must be booked and followed within the remaining period of validity.
4.8 – RowStudio does not guarantee the availability of the Trainings. Participation always takes place on the basis of availability.

5. Memberships

5.1 – The Memberships offered by RowStudio are listed on the RowStudio website. The Memberships entitle the Participant to participate in the relevant number and type of Trainings per month during the term of the Membership, subject to the other provisions of these General Terms and Conditions.
5.2 – The minimum term for all Memberships is three (3) calendar months. The effective date of Membership shall be the date of purchase. As soon as the term of Membership has expired, it will be automatically renewed, always with a term of one (1) calendar month, unless the Member terminates the Membership in writing by sending an email to info@rowstudio.nl. This email must be received no later than two (2) weeks prior to the time of the next renewal.
5.3 – Each Membership is strictly personal and non-transferable.

6. Prices & Payments

6.1 – The current prices of Packages and Memberships are listed on the RowStudio website.
6.2 – RowStudio reserves the right to change its prices. Such a price change has no effect on purchased Packages. Participants with a current Membership will be informed of the price change by e-mail. The price change will be implemented at the next renewal of the Membership after the expiration of a period of fourteen (14) days.
6.3 – Payment for the Memberships must in all cases be made by credit card or SEPA authorisation. Other payments can also be made via IDEAL (online) or with PIN (in the studio).
6.4 – No rights can be derived from actions or special offers before or after the event. These have no effect on current Memberships and Packages.
6.5 – If the facilities of RowStudio can not or not fully be used due to circumstances beyond the control of RowStudio, the costs owed by the Participant for the use of the facilities of RowStudio will not be refunded.

7. Booking & Cancellation


7.1 – Prior to a Training a Participant must book a place via the appropriate online booking system, by telephone or in the studio. Without booking there is no right to participate in a Training.
7.2 – A Participant can cancel a booking for a Training free of charge up to twelve (12) hours before the start of the Training. If a Participant does not cancel his/her booking on time, his/her entitlement to a Training lapses.
7.3 – If a Participant has an Unlimited Membership and does not cancel in time or does not appear (or does not appear on time) after a placed booking, RowStudio may impose a fine of €8 per Participant.
7.4 – RowStudio is entitled to make interim changes to the schedule of planned Trainings without giving any reason(s). The current schedule can be found on the RowStudio website.
7.5 – RowStudio reserves the right to cancel planned Trainings. Any bookings already made will then lapse and the Participant’s claims based on a Package or Membership will be retained.
7.6 – Rowstudio reserves the right to use another instructor than a previously announced instructor. In this case there will be no restitution of (claims to) Trainings.
7.7 – Extraordinary circumstances always constitute force majeure for RowStudio and relieve RowStudio of its obligations. In case of permanent force majeure, RowStudio shall be released from its obligation to comply with the Participation Agreement (including purchased Packages and/or Memberships).
7.8 – If a Participant causes nuisance or inconvenience to the instructor or other participants, RowStudio may exclude them from the Trainings. All resulting costs will be borne by the Participant.

8. Liability

8.1 – Participation in the Training and use of the facilities of RowStudio is entirely at the Participant’s own expense and risk.
8.2 – The Participant is obliged to report his or her physical condition such as injuries, illnesses and/or other physical conditions and/or to provide information which the Participant should reasonably understand to be relevant to the performance of exercises, both before, during and after a Training. Participant is responsible for reporting this information.
8.3 – RowStudio is not liable for any material and/or immaterial damage as a result of an accident or injury/injury of the Participant and/or third parties.
8.4 – RowStudio accepts no liability for damage to and loss or theft of property of the Participant and/or third parties.
8.5 – The Participant is liable for damage caused to property of RowStudio, if this damage is the result of negligence and/or fault of the Participant. The Participant indemnifies RowStudio against damage caused to third parties for which RowStudio is held liable.
8.6 – The exclusions and limitations of liability mentioned in this Article shall also be stipulated for and on behalf of the management and subordinates of RowStudio and any other person whose assistance RowStudio makes use of in the performance of the Participation Agreement.

9. Privacy

9.1 – Every Participant is aware of the Privacy statement as published on the website: https://rowstudio.nl/privacy-statement. By agreeing to these General Terms and Conditions, the Participant also agrees to the aforementioned Privacy statement.

10. Website

10.1 – The information provided on the RowStudio website (with the exception of these General Terms and Conditions) is for general information purposes only.
10.2 – Although RowStudio exercises the greatest possible care in compiling and maintaining its website, RowStudio cannot guarantee that the information provided is complete, current and/or accurate. The Participant hereby unconditionally and irrevocably waives its right to compensation for any direct or indirect damage caused, arising or to be caused by information on the website, unless RowStudio is guilty of intent or equivalent gross negligence.
10.3 – The websites of third parties to which hyperlinks are included on the Website shall not be checked, created and/or maintained by RowStudio. RowStudio therefore accepts no liability whatsoever for the content of these linked websites.
10.4 – The RowStudio website and its contents are protected by copyright, trademark law and other intellectual property rights. No part of this website or its content may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of RowStudio.

11. Complaints

11.1 – A Participant must report a complaint regarding any performance of RowStudio to RowStudio as soon as possible after the defect or damage has been discovered, and at the latest within fourteen (14) days after the Participant has discovered the defect or damage. The complaint shall either be submitted in writing to RowStudio (address above) or by e-mail: info@rowstudio.nl.
11.2 – The complaint must be fully and clearly described and provided with any means of proof.
11.3 – RowStudio will respond to the complaint submitted by the Participant as soon as possible, but no later than four (4) weeks from the date of receipt. If RowStudio expects to require a longer period of time to process the complaint, it shall immediately inform the Participant of this by e-mail after it has noted this.

12. Final provisions

12.1 – These General Terms and Conditions are effective from 1 April 2020.
12.2 – Deviations from these General Terms and Conditions are only possible if confirmed in writing by RowStudio.
12.3 – In the event that any provision of these General Terms and Conditions is null and void or may be nullified, this shall not affect the validity of the remaining provisions. RowStudio and the Participant will then consult in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provision.
12.4 – Every legal relationship with RowStudio is governed by Dutch law. All disputes between Participant and RowStudio that may arise as a result of or in connection with the Agreement shall be settled by the District Court of Amsterdam to the exclusion of all others.

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