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Terms and Conditions

Article 1
concepts

The organization: Mokum.fit, under Chamber of Commerce number: 72343605

Agreement: The agreement is based on these general terms and conditions of Mokum.fit in which the customer enters into a written agreement for the training sessions by Personal Trainers affiliated with Mokum.fit.

Article 2 Applicability

These terms and conditions apply if the customer has registered with Mokum.fit to participate in Personal Training, Bootcamps, weight loss counseling and/or nutritional advice. These conditions apply to every activity. Any use of Mokum.fit's services is at your own risk. Before using any facility, each participant must ascertain whether participation in any activity is medically justified for the person concerned. In addition, every participant must be insured against accidents. If Mokum.fit has given the advice to get a referral letter from the GP before the start of training, the customer must do this.

Article 3 Intake procedure

In order to guarantee responsible sports, you must have had an intake interview / trial lesson before you participate in one of the activities. You must immediately notify Mokum.fit of changes regarding your personal data.

Article 4
Time and place

When registering, Mokum.fit will inform you when and where the participant is expected. This is of course discussed in advance with the customer. If due to any circumstances a time cannot take place, Mokum.fit is authorized to schedule another time in consultation with the customer. This must be announced 24 hours before the training starts, this applies to both Mokum.fit and the customer. A training session with the personal trainer takes place at least once a week. If you are unable to attend for a week, the relevant training session will be postponed for a week. Please note that the contract duration can be extended due to the missed training sessions.

Article 5
Execution of
the assignment

Mokum.fit is obliged, in view of the purpose and activity, to guide the participant as well as possible during the activity. The content of the training is determined by Mokum.fit. Mokum.fit carries out the work in the context of the assignment to the best of its knowledge, expertise and ability. However, this concerns a best efforts obligation: that is, Mokum.fit does not guarantee the success and success of that service, nor for the extent to which this service contributes to the goal set by the participant.

Article 6 Liability

Mokum.fit can never be held liable for results not achieved. Mokum.fit is only liable for shortcomings in the execution of the assignment that are the result of negligence and incompetence in the provision of advice and the execution of the assignments. Mokum.fit is not liable if at Mokum.fit, for whatever reason, items belonging to the participant and/or third parties are lost in any way. Mokum.fit is not liable if the participant suffers damage in any other way and this damage is due to not following oral or written instructions given by the Personal Trainer, or to the physical or mental condition of the participant. The participant hereby declares that he or she will receive the present sports instruction solely and solely at his own risk. The costs of any accident or injury will be borne entirely by him or her. The participant hereby declares to waive all rights to repair a damage action against Mokum.fit for compensation of costs, damages and interests as a result of any accident or injury as a result of the performance of services Mokum.fit offers. . Mokum.fit is liable if Mokum.fit suffers damage in any way and this is due to the customer's failure to follow oral or written instructions given by the Personal Trainer. The customer must indemnify Mokum.fit against damage that he or she causes to other participants.

Article 7 Dissolution

Mokum.fit is entitled to terminate the agreement in whole or in part with immediate effect without any obligation to pay compensation if the customer does not, or only partially, fulfill its obligations under the agreement. An early termination of the agreement by the customer is only possible on medical grounds with proof of a medical statement from a recognized doctor or in the event of a move outside a radius of 15 kilometers from Amsterdam. A copy of the registration in the new municipality must be submitted to Mokum.fit.

Article 8
Terms of payment

In the agreement between the customer and Mokum.fit, Mokum.fit will inform you when and how the amount must be paid. If the participant does not pay on time, Mokum.fit is entitled to refuse the participant access to the activity until payment has been received. In addition, all payments due for the remaining term of the agreement become due and payable and you must pay them to Mokum.fit within 14 days of due date. If Mokum.fit has to proceed to collect its claim against you, you also owe all extrajudicial collection costs and the statutory interest. When a direct debit is reversed, Mokum.fit may charge an amount of 4.00 in administration costs to still pay the direct debit amount. The 21% VAT rate applies to the services of Mokum.fit. The prices mentioned are exclusive of VAT. If the costs increase due to unexpected circumstances, Mokum.fit is entitled to increase the prices. In that case, the customer has the right to dissolve the agreement. Unused but already paid sessions will of course continue.

Article 9 Reporting sick and cancellation

If the customer is unable to participate in an activity due to illness, the customer is expected to notify Mokum.fit as soon as possible. All appointments must be canceled 24 hours in advance, otherwise the costs of the services will be charged in full. Even if the customer does not show up without notice, the appointment will be charged. If the client is 10 minutes later than the starting time, without informing the trainer by telephone that he or she is late, the trainer may leave and the session will be charged. In the event of a long-term illness, the agreement can be suspended for a maximum of one year and that only on the basis of a medical statement from a recognized doctor.

Article 10 Force majeure, holidays and recognized public holidays

Force majeure with regard to the agreement is understood to mean everything that is understood in the law and jurisprudence. Mokum.fit is not bound by its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved. If the Personal Trainer is ill, an alternative will be offered to the participant or the agreement will be extended by the number of weeks that the trainer is ill. Holidays of the personal trainer are announced well in advance. The agreement is then extended by the number of weeks that the personal trainer is on vacation. The activities will not take place on recognized public holidays. If the participant would have had an appointment on this day, an alternative time will be offered or the session will be moved forward by a day or a week.

Article 11 Health

The participant declares that he/she is in good health and physically able to follow the instructions of the Personal Trainer without harm to his health. In case of doubt, the customer undertakes to consult his doctor before entering into the agreement with Mokum.fit. During the term of the agreement, the customer is also obliged to report pain(s), discomfort, abnormal fatigue and/or changes in physical condition before, during and after the training to Mokum.fit.

Article 12 Confidentiality

Mokum.fit is obliged to observe strict confidentiality with regard to information received from and about the customer. The customer's personal information is strictly confidential and will only be used for administrative purposes by Mokum.fit. The relevant data is never made available to third parties for commercial purposes.

Article 13 Intellectual property

Without prejudice to the other provisions of these General Terms and Conditions, the participant reserves the rights and powers that accrue to the customer under the Copyright Act. Models, Methods and instruments that are developed and/or applied by Mokum.fit for the execution of the assignment, are and remain the property of Mokum.fit. Publication or other forms of disclosure of this is only possible after written permission from Mokum.fit has been obtained. All documents provided by the client, such as reports, advice, training and nutrition schedules, assignments, designs, sketches, drawings, software, etc, for the benefit of Mokum.fit can only be reproduced by Mokum.fit for its own use in its own organization. All documents provided by the customer may not be made public by Mokum.fit without the customer's prior consent, or made known to third parties under penalty of misuse of the customer's intellectual property.

Article 14 Disputes

The customer can contact Mokum.fit with any complaints. All disputes regarding the conclusion, interpretation or implementation of the agreement or the agreements arising therefrom can be submitted to the competent court of the district where Mokum.fit is located. Dutch law applies in all cases.

Article 15
Actions and promotions

Offer by e-mail for free trial lesson + 10% discount on first package when booking the trial lesson within 2 weeks after sending the offer by e-mail. The following conditions apply to this promotion: the customer books the trial lesson within 2 weeks after sending the e-mail and then signs the contract for a lesson package within 2 weeks (or orders this package via the website with a discount code to be received). This promotion is valid once for new customers and cannot be transferred to third parties. The promotion is not valid in combination with other promotions. 

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