GYMbyJ Online Fitness

Terms and Conditions

**General Terms and House Rules GYMbyJ, Martial Arts and Fitness Club**

1. **General**
- These general terms and house rules apply to all agreements between GYMbyJ and the athlete (or their parent/guardian if the member is under 18 years old) and all activities of GYMbyJ, Martial Arts and Fitness Club (hereinafter referred to as GYMbyJ) that are inherently linked, as well as to spectators, etc.
- An athlete is defined as: the participant in the facilities, classes, workshops, or training sessions of GYMbyJ.
- Every athlete, spectator, and any parents/guardians/grandparents/etc. who drop off and pick up children are deemed to have taken note of the underlying general terms and house rules of GYMbyJ.
- The general terms and house rules are also published on the website www.PTbyJAY.nl. The link to the general terms and house rules is also mentioned 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 guardian via Virtuagym. Submission of the registration via Virtuagym also constitutes the declaration that the registrant agrees to the general terms and house rules and that the minor athlete has been informed of these by the main registrant.
- The general terms and house rules of GYMbyJ also apply to participants and attendees at workshops, clinics, etc. This applies to both GYMbyJ's own locations and workshops, etc. held at external locations.
- The rights arising from registration for classes and training sessions are strictly personal.
- GYMbyJ reserves the right to refuse athletes in case of abuse of membership or facilities of GYMbyJ.
- GYMbyJ reserves the right to limit the total number of registered participants, as well as to change class organization and duration, location of the lesson, training indoors or outdoors, opening hours, rates, etc. Refunds of subscription fees, etc. are not possible in this regard.
- No rights can be derived from the use of extra facilities, such as changing rooms and showers. In case of lack or malfunction, there will never be a refund of subscription fees.
- Ensure that you are present at least 15 minutes before the start of the classes, but only enter the room shortly before your training. Changing rooms open 15 minutes before the class.

2. **Privacy and Personal Data**
- For the purpose of recording personal data, GYMbyJ has the following two legal grounds within the GDPR:
- Consent from the individual concerned.
- Data processing is necessary for the execution of a contract.
- GYMbyJ is a sports club where, among other things, group and private lessons related to martial arts, self-defense, and fitness are provided. For attending these lessons, the athlete or, if under 18 years old, the parent/guardian/etc. purchases a subscription or product such as a single lesson. This is considered entering into 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, whether or not to receive a newsletter, bank details (for monthly subscriptions including SEPA direct debit mandate), passport photo, registrations, and attendance records for lessons, whether or not a trial lesson was taken.
- The personal data of athletes and possibly parents/guardians or other authoritative persons in the case of family accounts are strictly confidential and are used for administrative purposes of GYMbyJ or to comply with a legal obligation. The following data is also shared with a third party (Xendy, currently Nextmessage) and Make. From here, newsletters are sent, and data such as Name, email, and services used are stored. If there is a reason for deviation from this, it will only occur after written consent from the member and/or parent/guardian/etc. The processing of this data is done by GYMbyJ in the software of Virtuagym. Virtuagym and GYMbyJ embrace the principle of 'privacy by default and design': when developing new functionality in the software of Virtuagym, 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.
- For individuals under 18 years old, 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 person.
- GYMbyJ stores the data and retains it no longer than strictly necessary to achieve the purposes for which this data was collected.
- Data from individuals taking a trial lesson will be removed from our systems after a maximum of 5 years, unless these individuals have purchased a subscription or other products for subsequent lessons. In this last case, the following provision also applies.
- Data from former members will be removed from our systems a maximum of 5 years after the expiration of the subscription/other products such as single lessons, etc.
- Data from unconfirmed accounts in Virtuagym will be removed from our systems after a maximum of 5 years.
- Attending and participating in lessons, if one does not want to input any data in Virtuagym, is not possible. In consultation with only the owner of GYMbyJ, an alternative may be possible in exceptional cases, but the minimum required data for the execution of the agreement by GYMbyJ must be recorded.
- You can withdraw your consent for the use of personal data at any time by adjusting the consent given on your Virtuagym account.
- Through the newsletter of GYMbyJ, news about the club is shared with you. In your account on Virtuagym, you can indicate whether or not you want to receive our newsletter. You can also submit a written request for this. We will comply with that request within a maximum of 1 month from the date of the request. Not receiving the newsletter because of this 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 through our social media pages: like our page to stay updated.
- In the context of the GDPR, GYMbyJ will comply with a written request for:
- Access to recorded data by GYMbyJ,
- Transfer of recorded data in the context of data portability,
- Exercising the right to be forgotten,
- GYMbyJ regularly creates visual material such as photos and videos which are used on our website and various social media. If you do not want you and/or your children to be filmed or photographed, you must inform us in writing, and only then can we take this into account. Visitors are not allowed to make visual material before, after, and during classes, except for their own child and without other children being recognizable. In the changing rooms, it is, of course, completely prohibited to make visual material by anyone.

3. **Own Risk and Liability of the Athlete**
- Access to the premises of GYMbyJ and the use of facilities is entirely at your own risk.
- The athlete participates in lessons and training at their own risk.
- Every athlete is expected to consider their fellow athletes: adjust to your training partner. Techniques to the head are never allowed for those under 18 years old.
- The use of the correct protective equipment is mandatory: gloves, shin guards (including the foot), well-fitting mouthguard, cup (for men, for women it's a personal choice), bandages. Without the correct protective equipment, participation in the lesson is generally not allowed.
- GYMbyJ accepts no liability for (subsequent) damages and/or loss of property of the athlete or visitor, nor for any form of physical injury that may occur before, during, or after lessons, workshops, and training sessions in or around the gym.
- The use of 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 resulting from theft or loss of belongings.
- Left behind clothing or other belongings will be stored 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 claimed from the perpetrator/parents.

4. **Participation and Exclusion of the Athlete/Spectator**
- Athletes must register in advance for attendance at the lesson via the schedule on Virtuagym/website. Any subsequent cancellation after prior registration must also be done by the athlete within the set deadline. This deadline varies per lesson, and the athlete is responsible for this; refunds of lesson fees/credits are not possible.
- GYMbyJ reserves the right to refuse access to lessons for individuals.
- Athletes and visitors must adhere to the general terms, house rules, legislation, and general rules of decency during their stay in the premises of GYMbyJ. They must also follow the instructions given by employees of GYMbyJ. Failure to comply may lead to removal/cancellation of membership.
- Any actions or omissions by an athlete or visitor of GYMbyJ that violate one or more provisions of these general terms and house rules or general rules of decency and/or legislation that could harm the name and/or operations of GYMbyJ and/or its athletes gives GYMbyJ the right to consider the participation agreement dissolved immediately and deny the involved parties access to the premises of GYMbyJ, without this giving rise to a refund of lesson fees.
- Everyone must treat each other with respect. Disrespectful treatment of others may result in immediate cancellation of membership. Property of GYMbyJ and third parties (such as rented sports halls and equipment, etc.) must be used carefully and neatly. Being under the influence of drugs and/or alcohol during lessons is not tolerated and may lead to cancellation of membership. Committing criminal acts in or around GYMbyJ lessons leads to immediate cancellation of membership.

5. **Membership/Payment and Termination**
- Parties enter into the membership agreement/attending lessons established through Virtuagym or through a quote for which the client has given written order.
- The membership for a monthly subscription is continued for an indefinite period, with cancellation possible observing a notice period of 1 calendar month after written termination. For example, if cancelling mid-January, the monthly subscription ends at the end of February. The month's notice period must be paid in advance. Single lessons and punch cards concern separate agreements for a fixed term. Quarterly and annual subscriptions will be fixed for the first period; after renewal, they will be converted to indefinite and can be canceled with a notice period of 1 calendar month.
- Punch cards are valid for 3 months after purchase.
- Interim cancellation and refund of the subscription or punch card is not possible.
- Cancellation can be done by informing us in writing and then yourself via the portal. Members are responsible for this while observing the conditions for timely cancellation and the continuation of the subscription per calendar month.
- After terminating a membership, the registration fee of €17.50/€15.00 must be paid again.
- When concluding a monthly subscription, the first contribution period, the registration fee, and the month’s notice period must be paid. From the next payment period of the membership following the entry period, the contribution will be settled monthly by direct debit. Cash payments are only allowed 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 a smooth payment of the contribution and other amounts.
- From the moment the athlete is in default, GYMbyJ reserves the right to deny the respective athlete access to the facilities.
- Absence of the athlete, for whatever reason, does not exempt the athlete from the obligation to pay the due contribution and does not create a right to any reduction of the membership fee or contribution.
- GYMbyJ reserves the right to adjust contributions annually and align them with the lesson offerings.
- The athlete receives proof of membership via their account as a member of GYMbyJ on Virtuagym after fully processing the conclusion of the membership and settling the amounts due.
- GYMbyJ reserves the right to engage a collection agency if the membership fee is not paid; the costs will be charged to the respective member.

6. **Sickness, Pregnancy, and Vacation**
- Memberships can only be temporarily put on a pause rate (€7.50 per month) in case of medical unfitness, which must be requested in writing via letter or email. In case of proven medical unfitness to exercise, which must be evidenced by a written medical certificate from an authorized physician, the membership can be paused for the duration of the unfitness. The minimum unfitness period is 1 calendar month to 3 calendar months. After this, pausing may occur again after 60 days. The 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 lessons may take place during those periods. GYMbyJ is generally closed on official holidays. Subscription fees include these closed/modified 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 afterward.

7. **Cancellation by GYMbyJ and Refunds**
- GYMbyJ may cancel lessons or training for valid and urgent reasons, including force majeure situations. This may include too few athletes, illness of trainers, unavailability of training space, etc.

8. **Access to the Hall**
- It is allowed to bring people who come to watch, provided they behave decently and do not interfere with the lesson in any way and only stay in the designated area in the hall.
- GYMbyJ reserves the right to refuse or remove spectators.
- Access to the hall is only possible at the start of the lesson the athlete is attending. Before the start of the lesson, the athlete must remain in the hallway and/or changing rooms. If you wait in the gym for the next lesson, do not disturb the athletes at that moment. Just wait quietly and silently for the next lesson. During greetings before and after the lesson, everyone in the hall must be quiet.

9. **Drinks, Food, Smoking, and Toilet Visits**
- Only drink bottles/flasks filled with only water/sports drink 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 psychoactive substances are not allowed. If an athlete/visitor is under the influence, access will be denied.
- Consuming food is not allowed in the gym.
- Toilet visits before training and washing hands are mandatory. The area within the outer yellow lines may only be entered with bare feet/socks. Outdoor shoes may not enter this area. During training, the hall may only be exited with the trainer's permission, and upon returning to the hall, you must report back to the trainer.

10. **Rules for the Gym:**
- It is forbidden to enter the hall with outdoor (sports) shoes. Indoor sports shoes with black soles are also not allowed.
- Return equipment/borrowed materials to the correct place.
- Any bags not left in the changing rooms may only be placed in the designated area (to the side near the benches) in the gym.
- Dress appropriately for sports. T-shirt with shorts or long training pants. Deviations only in consultation with the trainer/owner of GYMbyJ.
- For membership within 2 lessons after concluding the subscription, use of personal boxing gloves and shin guards is mandatory. Until that time, you can borrow them 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 necessary and suitable materials. GYMbyJ can advise and facilitate by offering reasonably priced kickboxing items on our website.

11. **Rules for Changing Rooms**
- Changing rooms open 15 minutes before training. Enter the hall only with the trainer's permission and at the start of the training time. Leave the changing rooms, toilets, and showers tidy after use. Toilet visits are only allowed with shoes/slippers that should not enter the gym.

12. **Children and Pets**
- The age limit for attending lessons is 8 years or older. Registration in Virtuagym must then be done by one of the parents or guardians through a main account and a family account for the child under 18 years old.
- 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 property is at the parent's/guardian's risk. Allowing children to play in the storage room is not permitted.
- Pets are not allowed.

13. **Complaints**
- Complaints must be reported verbally to the trainer and then in writing via email to infojeroy@ptbyj.nl. GYMbyJ will communicate its position on the complaint motivated within fourteen days of receiving it. If desired, you can also leave a complaint through a confidential advisor via the Martial Arts Authority (details can be found on the Martial Arts Authority website).

14. **House and Behavior Rules for Parents/Guardians/Accompanying Persons of Members Under 18 Years Old:**
- The parent/guardian/accompanying person is a good supporter and sets a good example by respecting everyone.
- The parent/guardian/accompanying person keeps a distance from the guidance and training of the members by the trainer(s).
- The parent/guardian/accompanying person ensures that their child arrives on time for training or a competition and that the necessary kickboxing equipment is used.
- The parent/guardian/accompanying person ensures that the athlete cancels in time for a training or competition.
- The parent/guardian/accompanying person addresses the child regarding any misbehavior.

15. **Final Provisions**
- By entering the premises of GYMbyJ, you indicate that you will adhere to the house rules, general terms, 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 during the period. Errors in these terms are reserved.
- Dutch law applies to the agreement and all associated attachments. All disputes arising from or related to this Use Agreement and its attachments will initially be submitted to the competent court in Rotterdam.

**House Rules GYMbyJ**
Fighting is only allowed in the gym, 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 to defend yourself or others and never disproportionately relative 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, graduation, or title.
Members are obliged to report health problems to the trainer before training. Exercising with health problems remains the athlete's own responsibility.
Show respect and reverence to the trainers, your fellow athletes, and humanity in general.
At the beginning and end of the lesson, greetings are performed in the traditional way. This is an expression of respect for the sport, the teacher, and fellow athletes.
Discipline is expressed in fully participating in lessons and listening carefully to the trainer. During explanations, there should be no talking, and no one should leave the hall without permission.
Rules for good personal hygiene must be observed (short, no sharp toenails and/or fingernails, no sweaty feet, etc.).
Be on time; ensure that you are present at least 15 minutes before the lesson starts, and never disturb any ongoing lesson. Wrapping bandages, visiting the toilet, etc., can all be done before training. Toilet visits are only allowed with shoes or slippers that should not enter the yellow lines of the gym.
Unsportsmanlike behavior, swearing, bullying, discriminatory remarks, stealing, willfully damaging materials, and usage and possession of drugs, etc., are not tolerated in our gym.
Ensure safety during training. Therefore, remove jewelry such as 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, tidy them up again.
Mobile phones must be turned off during lessons. If in some cases your phone must remain on, you must inform the trainer before training.
After a training session, leave the hall, shower, and changing room tidy.
The outdoor area must remain clean. Cigarette butts and trash must not be thrown on the street.
Park in the designated spaces. Bicycles must be parked neatly.
Emergency exits must always be kept free of obstacles.
Train with pleasure and respect for each other!

Terms and Conditions Personal Training (PT)

1. Personal training sessions must be canceled or rescheduled at least 24 hours in advance. If this is not done in time, you will lose this investment. This also applies in case of illness.

2. If the client is late, the session will continue until the end of the appointment, either 30 or 60 minutes. If the appointment starts at 12:00 PM and the client arrives at 12:15 PM, they will have the remaining 15/45 minutes until 12:30 PM or 1:00 PM. This does not apply if an appointment has been made in advance. After 15 minutes of delay, the training will be forfeited and will still be deducted from the package.

3. Each personal training package will be automatically renewed. An automatic debit will be made to extend the package. Canceling is the client’s own responsibility.

4. There is a notice period of 1 calendar month.

5. After investment, it is not possible to receive a refund in currency or for unused sessions.

6. If an injury occurs before or during training, it is advised to seek expert help from a professional, such as a physiotherapist. It is important that there is a possibility for communication between the personal trainer and the relevant expert. The personal trainer cannot be held liable for this.

7. During training, visual material may be created. In consultation with the client, it will be determined whether this can be used for training and/or advertising purposes.

8. When purchasing a package, the validity of the credits lasts for 21 days after the end of the period.

9. If a personal training session is conducted at a location other than the designated site or outdoors, travel costs will be added as an add-on to the package.

10. By paying for a package, you agree to the terms and conditions.

11. It is preferred to make an appointment at least 48 hours in advance. If you wish to train within 48 hours, please contact the personal trainer for consultation.

12. By entering into an agreement, you agree to at least 4 months of membership in relation to delivering results.

13. In case of (long-term) illness, absence, or vacation, the subscription can be paused for a maximum of 60 days. The credits will completely expire from the moment of pausing. If the client wishes to pause for a longer period afterwards, additional costs of €10.00 per week will apply. Pausing can only occur again after 60 days.

14. In a DUO personal training session, the training will proceed if one person cannot attend due to illness or force majeure. This session will then be counted as a single lesson for the person who is present. However, the credits for the duo remain the same.

Terms and conditions Small Group Training (SGT)