**Terms and Conditions and House Rules of GYMbyJ, Martial Arts and Fitness Club**
1. **General**
- These terms and conditions and house rules apply to all agreements between GYMbyJ and the athlete (or their parent/guardian if the member is under 18 years of age) and all activities of GYMbyJ, Martial Arts and Fitness Club (hereinafter referred to as GYMbyJ) that are inherently related, as well as for spectators, etc.
- The term "athlete" refers to the participant in the facilities, classes, workshops, or training sessions offered by GYMbyJ.
- Every athlete, spectator, and any parents/guardians/grandparents, etc., dropping off and picking up children is deemed to have acknowledged the underlying terms and conditions and house rules of GYMbyJ.
- The terms and conditions and house rules are also available on the website www.PTbyJAY.nl. A link to the terms and conditions and house rules is provided when filling out and agreeing to the digital registration form via Virtuagym. Virtuagym is the digital administration system used by GYMbyJ. Registration of a minor at GYMbyJ must be done by a parent or other legal guardian via Virtuagym. Submission of the registration via Virtuagym also serves as a declaration that the registrant agrees to the terms and conditions and house rules, and that the minor athlete has been informed by the primary registrant.
- The terms and conditions and house rules of GYMbyJ also apply to participants and attendees at workshops, clinics, etc. This applies both to GYMbyJ's own locations and to workshops, etc. at other locations or outdoors.
- The rights arising from registration for classes and training sessions are strictly personal.
- GYMbyJ reserves the right to refuse athletes in cases of misuse of membership or facilities of GYMbyJ.
- GYMbyJ reserves the right to limit the total number of registered individuals, as well as to change the class schedule and duration, location of the class, indoor or outdoor training, opening hours, rates, etc. Refunds of subscription fees are not possible in this respect.
- No rights can be derived from the use of additional facilities, such as changing rooms and showers. No refunds of subscription fees will be made in case of absence or malfunction of these facilities.
- Ensure that you arrive at least 15 minutes before the start of the classes, but only enter the room shortly before your training. Changing rooms are open 15 minutes before the class.
2. **Privacy and Personal Data**
- For the purpose of recording personal data, GYMbyJ has the following two legal bases under the GDPR:
- Consent of the individual involved.
- The data processing is necessary for the execution of an agreement.
- GYMbyJ is a sports club where, among other things, group and private lessons related to martial arts, self-defense, and fitness are provided. For participating in these classes, the athlete or, if under 18, their parent/guardian/etc. purchases a subscription or product such as a single lesson. This is considered the conclusion of an agreement, and the following data must be recorded:
- First and last name, email address, phone number, date of birth, gender, address details, date of acceptance of terms, newsletter subscription status, bank details (for monthly subscriptions including SEPA direct debit mandate), passport photo, registrations and attendance records for lessons, trial lesson status.
- The personal data of athletes and any parents/guardians or other authorities in the case of family accounts are strictly confidential and will only be used for administrative purposes of GYMbyJ or to comply with a legal obligation. If a deviation from this arises, it will only occur after written permission from the member and/or the parent/guardian/etc. Processing of this data is carried out by GYMbyJ in the Virtuagym software. Virtuagym and GYMbyJ embrace the principle of 'privacy by default and design': when developing new functionality in the Virtuagym software, privacy is always taken into account. For storage and processing by Virtuagym, professional ISO-certified data centers and cloud computing infrastructure from Amazon Web Services are used. This data will never be made available to third parties for commercial purposes by GYMbyJ, nor will it be done by Virtuagym.
- For individuals under 18 years of age, consent must be given by a holder of parental authority. This is done by creating a main account by the parent/guardian and then creating a family account for each minor individual.
- GYMbyJ stores the data and retains it no longer than strictly necessary to achieve the purposes for which this data has been collected.
- Data of individuals taking a trial lesson will be deleted from our systems after a maximum of 5 years unless these individuals have purchased a subscription or other products for attending lessons. In this last case, the following provision also applies.
- Data of former members will be deleted from our systems a maximum of 5 years after the expiration of the subscription/other product such as a punch card, single lessons, etc.
- Data of unconfirmed accounts in Virtuagym will be deleted from our systems after a maximum of 5 years.
- Participating in and attending lessons is not possible if one does not want to input any data in Virtuagym. In exceptional cases, an alternative may be possible in consultation with only the owner of GYMbyJ, but the minimum required data for executing the agreement by GYMbyJ must be recorded.
- Consent to use personal data can be withdrawn at any time by adjusting the given consent on your Virtuagym account.
- Through the GYMbyJ newsletter, news about the club will be shared with you. In your account on Virtuagym, you can indicate whether you do or do not wish to receive our newsletter. You can also submit a written request to this effect. We will comply with this request within a maximum of 1 month from the date of the request. Not receiving the newsletter and possibly missing important information about the club is at your own risk and can never lead to any refund of lesson fees, etc. News is also shared with you via our social media pages: like our page to stay updated.
- In the context of the GDPR, GYMbyJ will respond to a written request within a month for:
- Access to recorded data by GYMbyJ,
- Transfer of recorded data for data portability,
- Execution of the right to be forgotten.
- GYMbyJ regularly captures visual material such as photos and videos that are used on our website and various social media. If you want you and/or your children not to be filmed or photographed, you must notify us in writing, and only then can we take this into account. Visitors are not allowed to take visual material before, after, and during lessons other than of their own child and without other children being recognizable. It is, of course, strictly forbidden to take visual material in the changing rooms by anyone.
3. **Own Risk and Liability of the Athlete**
- Visiting the facilities of GYMbyJ and using the facilities is entirely at your own risk.
- The athlete participates in classes and training sessions at their own risk.
- Every athlete is expected to take their fellow athletes into account: adjust to your training partner. Techniques to the head are never allowed for those under 18 years of age.
- Use of appropriate protective equipment is mandatory: gloves, shin guards (including the foot), a well-fitting mouthguard, a cup (for men, choice for women), and bandages. Without the proper protective gear, participation in the class is generally not permitted.
- GYMbyJ accepts no liability for (consequential) damage and/or loss of belongings of the athlete or visitor, nor for any form of physical injury that may occur to them before, in, and around the gym, during or after classes, workshops, and training sessions.
- The use of the changing rooms and leaving personal belongings there or elsewhere before, during, or after training is at your own risk. GYMbyJ, its employees, and/or other assistants are not liable for damage due to theft or disappearance of goods.
- Left clothing or other belongings will be kept for a maximum of 1 week.
- Every athlete and visitor is liable for any damage they cause to the property/rented items of GYMbyJ. This damage will be charged to the perpetrator/parents.
4. **Participation and Exclusion of the Athlete/Spectator**
- Athletes must register themselves in advance for attendance at the class via the schedule on Virtuagym/website. If they need to cancel after prior registration, the athlete must also do this within the set period. This period varies per class, and the athlete is responsible for this; refunds of lesson fees/punches/credits are not possible.
- GYMbyJ reserves the right to deny individuals access to classes.
- Athletes and visitors must adhere to the terms and conditions, house rules, legislation, and general rules of decency during their stay in the facilities of GYMbyJ. They must also follow the instructions given by GYMbyJ staff. Failure to do so may result in removal/cancellation of membership.
- Any action or inaction of behavior by an athlete or visitor of GYMbyJ in violation of one or more provisions of these terms and conditions and house rules or general rules of decency and/or laws and regulations that may harm the name and/or operations of GYMbyJ and/or its athletes gives GYMbyJ the right to consider the participation agreement terminated with immediate effect and deny the individual(s) access to the facilities of GYMbyJ, without this resulting in any refunds of lesson fees.
- Everyone must treat each other with respect. Not treating others respectfully can lead to immediate cancellation of membership. Property of GYMbyJ and third parties (such as the rented sports hall and associated equipment, etc.) must be used carefully and neatly. Being under the influence of drugs and/or alcohol during class is not tolerated and can result in membership cancellation. Committing criminal offenses in or around GYMbyJ lessons leads to immediate cancellation of membership.
5. **Membership/Payment and Cancellation**
- Parties enter into an agreement for membership/classes established through Virtuagym or via an offer for which written authorization has been provided by the client.
- The membership, in the case of a monthly subscription, will continue indefinitely, with cancellation possible with a notice period of 1 calendar month after written cancellation. For example, if cancellation is made in the middle of January, the monthly subscription will end at the end of February. The month of notice must be paid in advance. Single lessons and punch cards are separate agreements for a fixed term. Quarterly and annual subscriptions will be fixed for the first period; upon extension, these will convert to indefinite terms and can be canceled with a notice period of 1 calendar month.
- Intermediate cancellation and refunds of the subscription or punch card are not possible.
- Cancellation can be done by notifying us in writing and then doing it yourself via the portal. Members are responsible for this, considering the conditions for timely cancellation and the course of the subscription per calendar month.
- After canceling a membership, the registration fee of €17.50/€15,00,- will need to be paid again.
- When signing up for a monthly subscription, the first contribution period, the registration fee, and the month of notice must be paid. From the next payment period of the membership following the start period, the contribution will be deducted monthly via direct debit. Cash payment is only possible in exceptional cases and in consultation with the owner of GYMbyJ.
- Single lessons and registration fees must be paid in advance (in one go) via Virtuagym.
- The athlete must ensure smooth payment of the contribution and other amounts.
- From the moment the athlete is in default, GYMbyJ reserves the right to deny the athlete the use of the facilities.
- Absence of the athlete, for any reason, does not exempt the athlete from the obligation to pay the due contribution and does not create the right to any reduction of the membership fee or the contribution.
- GYMbyJ reserves the right to adjust contributions annually and align them with the class offerings.
- After the full processing of the membership cancellation and settling the amounts due, a proof of membership will be provided through the account as a member of GYMbyJ on Virtuagym.
- GYMbyJ reserves the right to engage a collection agency in the event of non-payment of membership fees; the costs will be charged to the respective member.
6. **Sickness, Pregnancy, and Vacation**
- Memberships can only be temporarily paused at a rate of €7.50 per month in the case of medical incapacity, which must be requested in writing via letter or email. In the case of proven medical incapacity to exercise, which must be evidenced by a written medical statement from a qualified physician, the membership can be paused for the duration of the incapacity. The minimum period of incapacity is 1 calendar month up to 3 calendar months. After this, pausing can occur again after 60 days. Credits will also immediately expire.
- Subscriptions cannot be canceled for vacations, etc. GYMbyJ may have different class times and locations during regular school holidays. In some cases, no classes may take place during those periods. GYMbyJ is generally closed on official holidays. Subscription fees include these closed/adjusted periods and continue regularly during months in which vacation/closed periods occur. Refunds for missed lessons are not possible. Missed lessons may only be made up for one week in advance and one week afterwards.
7. **Cancellation by GYMbyJ and Refunds**
- GYMbyJ may cancel classes or training sessions for justified and urgent reasons, including force majeure situations. This may include a small number of athletes, trainer illness, unavailability of training space, etc.
8. **Access to the Room**
- It is allowed to bring people to watch, provided they behave neatly and calmly and do not interfere with the lesson, staying only in designated areas in the room.
- GYMbyJ reserves the right to refuse or remove spectators.
- Access to the room is only possible at the start of the lesson that the athlete is attending. Before the lesson starts, the athlete must remain in the hallway and/or changing rooms. If you are waiting in the gym for the next lesson, do not disturb the current athletes. Just wait quietly and calmly for the next lesson. Everyone must be quiet in the room before and after the lesson.
9. **Drinks, Food, Smoking, and Toilet Visits**
- Only water/sports drink-filled bottles with a screw cap are allowed. Drinking during the lesson is only permitted after the trainer has indicated that it is allowed.
- Smoking, alcohol, and other mind-altering substances are not permitted. If an athlete/visitor is under the influence, access will be denied.
- Eating is not allowed in the gym.
- Toilet visits before training and handwashing are mandatory. The area inside the outer yellow lines may only be entered barefoot/sock-clad. Outside shoes are not allowed within these yellow lines. During training, the room may only be left with the trainer's permission, and upon returning to the room, you must report back to the trainer.
10. **Rules for the Sports Hall:**
- It is forbidden to enter the hall with outdoor-used (sports) shoes. Indoor sports shoes with black soles are also not allowed.
- Equipment/borrowed materials must be returned to the right place.
- Any bags not left in the changing rooms may only be placed in the designated area (to the side by the benches) in the gym.
- Sports in appropriate clothing. T-shirt with shorts or long training pants. Deviations only in consultation with the trainer/owner of GYMbyJ.
- For memberships within 2 lessons after closing the subscription, using your own boxing gloves and shin guards is mandatory. Until then, you can borrow these from GYMbyJ free of charge. The use of a mouthguard, cup (for men), and bandages is also mandatory. Indoor gloves are discouraged. The athlete is responsible for purchasing the required and suitable materials. GYMbyJ can advise and facilitate this by offering reasonably priced kickboxing items on our website.
11. **Rules for Changing Rooms**
- Changing rooms open 15 minutes before training. Enter the room only with the trainer's permission and at the start of training time. Leave the changing rooms, toilets, and showers clean after use. Toilet visits are only allowed with shoes/slippers that should not be worn inside the gym.
12. **Children and Pets**
- The age limit for participating in classes is 8 years or older. Registration in Virtuagym must then be done by a parent or guardian for those under 18, via a main account and a family account for the child.
- Children who come with parents/guardians and do not train must stay with the parent/guardian, who is responsible for them. Any injury to children or damage to children's belongings is at the parent's/guardian's own risk. Children are not allowed to play in the storage room.
- Pets are not allowed.
13. **Complaints**
- Complaints should be reported verbally to the trainer and then submitted in writing via email to infojeroy@ptbyj.nl. GYMbyJ will communicate its position on the complaint within fourteen days of receipt to the complainant. If desired, you can also leave a complaint through a confidant via the Martial Arts Authority (details can be found on the Martial Arts Authority website).
14. **House and Behavior Rules for Parents/Guardians of Members Under 18:**
- Parents/guardians are good supporters and set a good example by respecting everyone.
- Parents/guardians keep their distance from the guidance and training of the members by trainers.
- Parents/guardians ensure that their child is on time for training or a competition and that the necessary kickboxing equipment is used.
- Parents/guardians ensure that the athlete cancels in a timely manner for training or a competition.
- Parents/guardians address the child regarding any misbehavior.
15. **Final Provisions**
- By entering the premises of GYMbyJ, you agree to comply with the house rules, terms and conditions, and general rules of decency applicable to us. In case of violation of the rules, we may deny you access to our premises.
- The terms may be amended by GYMbyJ in the meantime. Errors in these terms are reserved.
- Dutch law applies to the agreement and all accompanying attachments. All disputes arising from or related to this Usage Agreement and the accompanying attachments will first be submitted to the competent court in Rotterdam.
**House Rules GYMbyJ**
Fighting is only allowed in the sports hall, on the mat, or in the ring, and never on the street or in the changing room. The techniques taught to you may only be used for self-defense or the defense of others and never disproportionately in relation to the situation. Avoid a fight at all times!
You may never use your fighting techniques against someone who cannot defend themselves. Honor, loyalty, and fidelity to the code are more important than any fighting technique, rank, or title.
Members are required to report health issues to the trainer before training. Exercising with health problems remains the athlete's responsibility.
Show respect and reverence to trainers, fellow athletes, and humanity in general.
At the beginning and end of the lesson, greetings are exchanged in the traditional way as a sign of respect for the sport, the teacher, and fellow athletes.
Discipline is reflected in participating well in the lessons and listening carefully to the trainer. During explanations, there should be no talking, and no one should leave the room unasked.
Rules for good personal hygiene must be observed (short, non-sharp toenails and/or fingernails, no sweaty feet, etc.).
Be on time, ensure you are present at least 15 minutes before the lesson starts, and never disturb any ongoing lessons. Wrapping bandages and toilet visits can all be done before training. Toilet visits are only allowed with shoes or slippers that should not be worn inside the gym.
Unsportsmanlike behavior, swearing, bullying, discriminatory remarks, stealing, willfully damaging materials, and possession and use of drugs are not tolerated in our gym.
Ensure safety during training. Therefore, remove jewelry like necklaces, piercings, watches, and earrings, and ensure the mandatory good protection (at least shin guards, boxing gloves with sufficient padding, cup, mouthguard, bandages).
Take care of the materials, and if you have used them, clean them up afterward.
Mobile phones must be turned off during the lesson. If in some cases your phone must remain on, notify the trainer before training.
After a training session, leave the gym, shower, and changing room clean.
The outdoor area must remain clean. Cigarette butts and trash should not be thrown on the street.
Park in the designated spots. Bicycles should be parked neatly.
Emergency exits must always be kept free of obstacles.
Train with joy and respect for each other!
1. Personal training sessions must be canceled or rescheduled at least 24 hours in advance. If this is not done on time, you will lose this investment. This also applies during illness.
2. If the client is late, the time will be completed until the end of the appointment 30/60 minutes. If the appointment starts at 12 noon and the client arrives at 12.15, the client has the remaining 15/45 minutes until 12.30 or 13.00. This does not apply if an appointment has been made in advance. After 15 minutes late, the training will expire and will be deducted from the package
3. Each Personal training package is tacitly renewed. A direct debit is done to renew the package. Cancellation is your own responsibility.
4. A notice period of 30 days applies.
5. After investment it is not possible to get it back in currency or unused sessions.
6. If there is an injury that occurred before or during training, it is advised to seek help from an expert, for example, a physiotherapist. It is important that there is a possibility of communication between the Personal Trainer and the relevant expert. The Personal Trainer cannot be held liable for this.
7. Images are sometimes made during training. In consultation with the client, it is determined whether these can be used for training and / or advertising purposes
8. When purchasing a package, the validity of the credits continues for 21 days after the end of the package. Example: January 1, the purchase of the package 1x per week is 4 weeks. This period ends on January 29. The credits of this period are therefore valid until February 19th. After this, these will expire.
9. If the PT session will be given at another location than the home location or outside, there will be added an extra fee for travel allowance.
10. When paying for a package, you agree to the terms and conditions.
11. Please make an appointment at least 48 hours up front. If for some reason this is not possible and you want to make an appointment anyways, contact the Personal Trainer to discuss.
12. The agreement will last for at least 4 months, so that there will be noticable results.
13. During periods of sickness, absence or holidays the subscription can be paused for a maximum of 60 days. The credits will be terminated at the moment of pausing. If the client wants to have a longer pause, there will be an additional fee of €10 a week. Pausing a scubscription will be allowed after at least 60 days.
14. In the case of a DUO PT the session will continue even if 1 of the participants is sick or can not make it. This session wil be charged as a regular PT session to the person who is present. The credits for DUO will remain the same.
1. SGT registrations must be canceled at least 24 hours in advance. If this is not done on time, you will lose this investment. This also applies to illness.
2. If the client is late, the time will be completed until the end of the appointment 45 minutes. If the appointment starts at 12 noon and the client arrives at 12.15, the client has the remaining 30 minutes until 12.45.
3. If the credits are used up and the client wants to participate in the next lesson, it must be purchased and paid for in advance. If this is not the case for whatever reason and the client still wants to participate, this can be done in consultation with the Trainer.
4. If the credits are granted, they are valid for 9/13 weeks after obtaining. If the client misses a lesson, it is possible to use the credit at another SGT on the schedule, provided there is room.
6 credits= 9 weeks
10 credits= 13 weeks
5. After investment it is not possible to get it back in currency or unused sessions.
6. An SGT has at least 4 participants up to a maximum of 10. If there are not enough participants, the trainer will indicate whether the training will be canceled.
7. You can register for an SGT at the latest 1 hour in advance.
8. If there is an injury that occurred before or during training, it is advised to seek expert help from, for example, a physiotherapist. It is important that there is a possibility of communication between the Personal Trainer and the relevant expert. The Personal Trainer cannot be held liable for this.
9. Images are sometimes made during training. In consultation with the client (s) it is determined whether these can be used for training and / or advertising purposes.