The English terms are a translation of the original Durch terms.
In case of any discrepancies between both documents the Dutch terms will prevail.
DEFINITIONS
1. Novisport
Novisport is the trade name of the sole proprietorship of Mr. R de Jong, contractor and user of these general terms and conditions. Novisport is located at Olof Palmestraat in (2616 LM) Delft and registered in the trade register of the Chamber of Commerce under number 58758267. In these General Terms and Conditions the term Novisport shall be understood to mean not only Mr. De Jong but also the various employees of Novisport.
2. Participant
Natural person of 18 years or older and client of Novisport. Where the masculine form is used in the General Terms and Conditions, this also includes the feminine form.
3. Parties
Novisport and Participant together.
4. Agreement
The assignment agreement in effect between Novisport and the Participant.
5. Services
The services provided by Novisport under the Agreement to the Participant for a fee. These services include personal training, small group training, coaching, consulting, and nutritional counseling. The personal training and small group training involve multiple sports such as strength sports, fitness training, boxing, running and cycling.
6. General Terms and Conditions.
These General Terms and Conditions. These General Terms and Conditions have been filed with the Chamber of Commerce and can be viewed on Novisport's website: www.novisport.nl.
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7. Training area
The business premises of Novisport located at Olof Palmestraat 2 in (2616 LM) Delft including all attributes, apparatus, equipment, facilities, etc. located there.
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APPLICABILITY
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8. These General Terms and Conditions are applicable to every offer and quotation of Novisport and to all existing and future agreements entered into and/or to be entered into between Novisport and a Participant.
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9. Deviation from these General Terms and Conditions is only possible if the Parties expressly agree in writing.
10. Parties explicitly agree that these General Terms and Conditions exclude the applicability of any terms and conditions used by Participant of any kind.
11. Novisport is entitled to change the General Terms and Conditions. The Agreement is always subject to the most current version of the General Terms and Conditions. This can be found on the Novisport website.
12. If any provision of these General Terms and Conditions and/or the Agreement is null and void or annulled, the remaining provisions will remain in force and the parties will consult to agree on new provisions to replace them, taking into account as much as possible the purpose and meaning of the original provisions.
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QUOTATIONS AND OFFERS
13. Offers and/or tenders made by Novisport shall be without obligation and shall be valid for 30 days unless otherwise indicated.
AGREEMENT
14. An Agreement is established in the event a potential Participant applies and the application is explicitly confirmed in writing by Novisport.
15. When ordering, the Participant is obliged to provide Novisport with correct and complete information, including about his physical condition in relation to the Services to be provided.
16. The Agreement comes about to the exclusion of articles 7:404 and 7:409 of the Dutch Civil Code. During the entire Agreement Novisport is free to determine which of its employees will provide the Services.
17. Parties shall mutually determine the effective date of the Agreement.
18. The Agreement is entered into for the agreed upon contract duration. If no duration is agreed upon, the Agreement shall be for an indefinite period of time.
19. Parties will also determine the frequency in which and the weekdays/times on which the Services are used by Participant at Novisport.
20. The Agreement is strictly personal and cannot be transferred by the Participant to another person unless Novisport gives its prior consent.
21. By entering into an Agreement the Participant declares to know and accept the General Terms and Conditions. The General Terms and Conditions together with the Agreement form one whole.
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HONORARY
22. The Participant owes Novisport a fee per calendar month. This monthly fee will be explicitly included in the Agreement. The amount of the monthly amount will be determined based on the fee per Service and the frequency of the Service(s) to be purchased. All amounts are increased by the sales tax (VAT) due on them.
23. In the event an Agreement commences on a day other than the first of a calendar month, the fee for the Services in that first calendar month will be calculated separately and explicitly included in the Agreement and charged simultaneously with the Services in the following calendar month.
24. Novisport has, also during an Agreement, the right to implement price increases. In the event Novisport implements a price increase, this will always take place with effect from a new calendar month and will be announced timely and at least two calendar months in advance.
BILLING AND PAYMENT
25. The fee due will be charged by Novisport monthly in advance by means of an invoice.
26. Payment shall be made within 14 days of the invoice date and in the manner indicated by Novisport.
27. Any failures and/or errors that occur in the transfer of funds are at the Participant's expense and risk.
28. Suspension of a payment is not permitted. Objections to the amount of the invoice or a complaint regarding the granted
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INCASSO
29. In the event Novisport, by way of exception, provides one or more Services and only invoices them afterwards, a payment period of 14 days shall apply.
30. If the amount due is not received by Novisport within the payment term, the Participant is in default. In that case, a payment reminder will be sent to the Participant.
31. If the amount due is not still received by Novisport within the term set in the payment reminder, the Participant is in default.
32. From the moment he is in default, the Participant owes an interest of 1% per month over the amount due unless the legal (commercial) interest rate is higher, in which case the legal (commercial) interest rate applies.
33. All costs incurred by Novisport, both in and out of court, to obtain satisfaction will be borne by the Participant. In such a case the Participant will owe compensation for administration, collection and/or legal costs of at least 15% of the outstanding amount with a minimum of € 75,=. If and to the extent that the actual costs exceed this amount, they shall also be eligible for compensation.
34. Novisport is at all times free to hand over the claim to a third party for collection. All related costs are at the expense and risk of the Participant.
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35. In case the Participant applies for or obtains (provisional) suspension of payment, or is placed under administration under the Natural Persons Debt Rescheduling Act, or is placed under guardianship due to his bankruptcy, Novisport's claims are immediately due and payable.
36. Payments received will first be applied to the collection costs incurred, then to the interest that has fallen due and finally to the principal sum (and thereby first to the oldest invoice).
SUSPENSION AND DISSOLUTION
36. Novisport is entitled to suspend the fulfillment of the obligations or to dissolve the Agreement if the Participant does not or not fully fulfill the obligations under the Agreement, or if Novisport has good reason to fear that the Participant will not fulfill the obligations.
37. Novisport is authorized to terminate the Agreement if circumstances arise, which are of such a nature that fulfillment is impossible or can no longer be expected by standards of reasonableness and fairness.
38. Novisport is entitled to terminate the Agreement in the event it is found that the Participant has provided incorrect information (e.g. when registering).
39. Novisport reserves the right to terminate the Agreement immediately in the event of serious and/or repeated unacceptable behavior by the Participant.
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40. Novisport is authorized to terminate the Agreement without notice of default and without judicial intervention with immediate effect by written notice if and as soon as the Participant applies for or obtains (provisional) suspension of payment, or is placed under administration under the Natural Persons Debt Rescheduling Act, or is placed under guardianship due to bankruptcy, or becomes insolvent in any other way.
41. If Novisport suspends compliance with the Agreement, it shall retain its claims under the law and the Agreement.
42. If the Agreement is terminated, Novisport's claims on Participant are immediately due and payable. However, there will never be a refund.
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NOTICE
43. The Participant cannot terminate the Agreement during the first 2 months of the Agreement. After the expiry of this period, the Participant has a notice period of one calendar month. This starts on the 1st of the following month.
44. Novisport can always terminate an Agreement (prematurely). No notice period applies to Novisport.
CANCELLATION AND CATCH-UP
45. When a Participant, for whatever reason, is unable to take an agreed Service, he must cancel the Service with Novisport as soon as possible.
46. If a Service is not taken due to impediment, the Participant remains liable for the agreed fee.
47. If a Participant cancels a Service on time, he will be given the opportunity to catch up on it, in consultation with Novisport. That possibility expires as soon as the calendar month following the calendar month in which the cancelled Service would have been taken has expired. The Participant thus has a minimum of one month and a maximum of two months to catch up Services.
48. If a Participant does not cancel or does not cancel on time, he has no right to make up the Service. A timely cancellation occurs when it takes place no later than 24 hours before the Service was to be taken.
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49. As an exception to the above, a Participant who, for whatever reason (injury, illness, vacation, etc.), will be unable to attend for a longer period of time, may consult with Novisport about suspending the Agreement. - Novisport reserves all rights in this respect, but when the Parties make arrangements in this respect, it applies in any case that these arrangements will only apply to periods equal to one or more calendar months, that these arrangements will never be retroactive and that the original end date will be postponed for the duration of the suspension.
50. Novisport is (in principle) closed on national holidays and on the days when repair/maintenance work is carried out on the training room. These days do not entitle the Participant to a refund. However, in consultation with Novisport, the cancelled Services can be made up in accordance with the above regulation. The same applies to Services that are (incidentally) cancelled by Novisport for other reasons (such as illness of the employee concerned).
51. Novisport reserves the right to deviate in all reasonableness, to the detriment or benefit of the Participant, from the above provisions regarding cancellation and catch-up.
RISK, LIABILITY AND INDEMNIFICATION
52. The presence in and the use of the training room, whether or not during the taking of a Service, takes place entirely at the Participant's own risk. The Participant declares to be aware that taking up the Services involves risks and that he does so entirely at his own expense and risk.
53. Novisport shall never be liable for any material or immaterial damage suffered by the Participant under this Agreement in any way whatsoever, for example but not limited to improper use of the Services provided, improper use of the training equipment in the training room, failure to properly follow advice or instructions, by providing incorrect information to Novisport and/or by loss or theft of property. Novisport is (therefore) never liable for personal injury, nor for indirect damage, including consequential damage, loss of profit, financial loss, missed savings and/or damage due to business stagnation.
54. Novisport shall never be liable for mistakes or shortcomings of any third party that has been called in.
55. Novisport shall never be liable in the event of force majeure.
56. The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Novisport or its employees.
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57. The Participant indemnifies Novisport against third party claims in connection with the Services provided or to be provided by Novisport.
58. In all cases where Novisport might be liable, liability shall be limited to the amount covered by Novisport's insurance. In the event Novisport's insurer makes no payment, liability is limited to a maximum of the amount equal to the amount Novisport has charged the Participant for the previous 6 months.
TRANSFER
59. In case of force majeure, Novisport is not bound to fulfill any obligation.
60. In addition to what is understood in law and jurisprudence, force majeure means all external causes, foreseen or unforeseen, over which Novisport has no influence and which prevent Novisport from fulfilling its obligations.
61. Novisport may suspend all obligations under the Agreement during the period of force majeure. If this period lasts longer than one month, the parties are entitled to dissolve the Agreement in accordance with what is further stipulated in these terms and conditions.
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PRIVACY
62. Novisport processes personal data in accordance with the Personal Data Protection Act and other applicable laws and regulations for the purposes of its administration, invoicing, complaint and dispute handling and for commercial sales purposes. For these purposes Novisport may transfer this data to a third party. Participant agrees to this.
63. Participant agrees to be contacted by Novisport for commercial purposes.
INTELLECTUAL PROPERTY
64. By accepting these Terms and Conditions, Participant expressly acknowledges that all designs, information, images, training plans, training concepts and other content of Novisport's website is the property of Novisport, including but not limited to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
65. The Participant is expressly prohibited from copying, modifying, making public, using for direct or indirect commercial purposes, designs, information, images, training plans, training concepts and other content of Novisport's Services unless expressly agreed in writing with Novisport.
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FINAL PROVISIONS
66. Novisport reserves the right, at any time, to modify the Services, temporarily withhold provision, or discontinue service in whole or in part. Novisport reserves the right to change the hours of operation.
68. The Participant is expected to behave decently and according to the standards in force within Novisport and to follow all instructions given by Novisport.
69. Novisport reserves the right to draw up (written) House Rules. These will then be communicated in writing and form an integral part of the Agreement.
70. In the event the Agreement or these General Terms and Conditions do not provide, Novisport will determine what does or does not apply or happen.
71. These General Terms and Conditions and all Agreements entered into by or with Novisport are exclusively governed by Dutch law.
72. All disputes that arise as a result of the Agreement and/or the General Terms and Conditions between Novisport and Participant will be submitted to the competent court in the Netherlands in the event Parties cannot reach an amicable solution by mutual agreement.