Terms and Conditions

KD SPORTS – TERMS & CONDITIONS

ARTICLE 1: DEFINITIONS
If you are, or wish to become, a member and use our services or products, we do so based on clear and transparent arrangements, our house rules. By completing your registration, you confirm that you accept and will comply with these Terms & Conditions and the House Rules of KD Sports. The Terms & Conditions and House Rules can be found at www.kdsports.nl and are available at the reception desk of any KD Sports gym.
KD Sports: KD Sports Arnhem B.V. (Chamber of Commerce no. 10034900) and the services and products offered under the “KD Sports” name.
KD Sports QR Code: Your access credential to enter our KD Sports gym located at Wassenaarweg 7, 6843 NX Arnhem.
KD Sports Gym / Gym: The physical location where KD Sports offers fitness services.
Coach: A KD Sports staff member responsible for supervising a KD Sports gym.
Family Members: If you choose our Family membership, each family member registered at the same residential address as the primary account holder may use the membership. The primary account holder is the person who concluded the membership and is responsible for payment of the monthly fees. Each family member has the same rights as the primary account holder, but only the primary account holder may change the membership. A family member must be able to prove residence at the same address. KD Sports may require family members to be registered as such and to provide evidence of residence, for example municipal registration and or identification. KD Sports will determine, based on the evidence provided, whether it is plausible that the family members are registered at the same address.
Start Date: The agreement takes effect on the date of your registration. The start date may be deferred if you make use of a promotion, for example “train for free until 1 September”. If you register on 17 August under such a promotion, the start date of your agreement becomes 1 September. Between 17 August and 1 September you may already use the membership and, under this promotion, no fees are due. These Terms & Conditions apply from the moment of registration. If you register during a pre sale before a gym opens, your membership starts on the day the gym opens, not on your registration date.
Registration: The act by which you become a member of KD Sports, in one of the ways described in Article 2.
Youth Member: Minimum age to join is 12. Members aged 12 to 16 are Youth Members. To become a Youth Member, you must register in the club together with a parent or legal guardian, who must sign the agreement to give consent. Youth Members, aged 12 to 16, may train only under the supervision and responsibility of a person aged at least 16 who is also a member.
Reception Desk: Each of our gyms has a reception area at the entrance. You can register and update your details at the reception during opening hours.
Member / Members: Only natural persons can become members. KD Sports may require identification to verify that you are the holder of the KD Sports membership card or QR code, or a registered family member.
Membership Agreement / Agreement: The agreement concluded between KD Sports and the Member upon registration. These Terms & Conditions form part of the Agreement, as do any specific terms applicable to your chosen membership.

ARTICLE 2: BECOMING A MEMBER AND ACCESS
1. You are welcome to become a member of KD Sports in either of the following ways:
i. via our website by completing the online registration form, www.kdsports.nl, or
ii. in the gym by completing the registration form at the reception.
If you register via the website or in the gym, you have the right to withdraw from your membership within 14 calendar days from the date of registration without stating reasons. You may do so in one of the ways set out in Article 9 of these Terms & Conditions. If you withdraw within 14 days and the membership has not been used during that period, the withdrawal is free of charge. If the membership has been used, KD Sports may charge a proportionate amount, from activation until the date of withdrawal, including any enrollment fee. From registration, membership fees are due and your SEPA direct debit mandate takes effect. If you fail to meet your payment obligations, KD Sports may terminate the Agreement. To access any KD Sports gym, you must use your personal KD Sports QR code.

ARTICLE 3: KD SPORTS QR CODE
1. The KD Sports membership card or QR code remains the property of KD Sports and may be used during the term of the Agreement.
2. Your membership is non transferable. You, as the Member, are responsible and liable for the proper use or misuse of your membership card or QR code and membership. You must ensure that family members, if you are the primary account holder, respect and comply with KD Sports’ Terms & Conditions and House Rules. If you lose your membership card or it is stolen, you may purchase a replacement at the reception. The lost or stolen card will be blocked automatically. The replacement fee is €5, payable at the reception, after which the new card will be activated. Your payment obligations remain in force in the meantime.

ARTICLE 4: MEMBERSHIP AND TERM
1. We offer various membership types, the details of which are available on our website or in the gym. All memberships grant unlimited access during opening hours and to group classes offered in the club.
2. Upon Registration, you may choose your preferred membership type. Memberships are either a 12 month fixed term with automatic renewal per 4 week period, or a flex membership for a fixed 4 week term with automatic renewal per 4 weeks. For 12 month memberships, you may choose to pay the fees up front in a single installment or per 4 weeks via direct debit.
3. All memberships include access to the KD Sports app.
4. If you wish to try our facilities or visit occasionally, you may request a trial session at the reception. A trial session grants one time access on the day it is activated in a KD Sports gym.

ARTICLE 5: FEES AND PAYMENT
1. Each membership has its own fee and conditions, available on the website or in the gym.
2. KD Sports may charge an enrollment fee when you join, the amount may vary per membership type. If you terminate your membership and later rejoin, the enrollment fee applies again.
3. All membership fees are due and payable in advance.
4. Members may also prepay the full fee for the agreed contract term in one payment online or by card at the reception, for the 12 month up front option.
5. If you choose payment per 4 weeks, either for a 12 month term or for a flex membership, all payments are collected every 4 weeks by SEPA direct debit at the applicable 4 week rate. Our billing cycle is four weeks, which means there are 13 direct debits per year.
6. If you no longer wish to use direct debit during your membership, inform us at the reception. We will block the mandate and you will be responsible for on time payment of the fees yourself. Payment by card at the reception is possible.
7. If, for any reason, we cannot collect your payment, for example reversal or insufficient funds, we will resubmit the direct debit to your bank. KD Sports may pass on to you any costs charged by the financial institution for failed collections. If you do not meet your payment obligation, your KD Sports QR code will be blocked until payment is made.
8. If, after notice of default, you still fail to pay, you will be in default. We are then entitled to the outstanding amounts plus statutory interest, calculated from the due date, and a fixed compensation of 15 percent of the outstanding amount with a minimum of €50 for extrajudicial costs. We reserve the right to claim higher compensation upon proof of actual damage. We may also terminate the Agreement with immediate effect without any compensation being owed to you. We may assign the claim to a third party, for example a collection agency.
9. If we terminate a fixed term Agreement under Article 5 paragraph 8, you owe all membership fees that would have been payable until the end of the fixed term. Statutory interest and the fixed compensation under Article 5 paragraph 8 apply accordingly.
10. We reserve the right, after the end of the contractual period, to adjust fees and or conditions. We will notify you at least one month in advance, after which you may terminate the Agreement free of charge by written notice, email or registered letter, except for flex memberships. In case of termination, you must do so within one month of the notice, observing a notice period of at least one month, starting on the first day of the next monthly billing term. If you do not terminate in time, the Agreement will continue under the revised conditions for a period equal to the previous term and can thereafter be terminated as indicated on the front of the Agreement. Fee adjustments due to government measures may be implemented immediately regardless of size and do not entitle you to terminate.
11. If you do not use the membership, no refunds of membership fees will be made.

ARTICLE 6: OPENING HOURS
1. KD Sports indicates the opening hours for each gym. In certain circumstances, for example public holidays, serious incidents or emergencies, different hours may apply and we may close the gym. This may also occur for maintenance or works.
2. KD Sports may temporarily or permanently modify the opening hours of a gym, or parts thereof, for objective reasons. In case of a permanent change, KD Sports may do so unilaterally insofar as the change is of minor significance compared to the total number of opened hours or the start or end time. In any case, a deviation of up to two hours earlier or later opening and or closing qualifies as minor.
3. Opening hours cannot later be invoked as an absolute condition, conditio sine qua non, for concluding the Agreement. You may not use such an adjustment to unilaterally terminate the Agreement, given that KD Sports’ principal obligation is to make the fitness area and equipment available, unless you can demonstrate that at least 50 percent of your visits in the previous three months, with a minimum of four visits, occurred at hours when the club is no longer open. In that case, KD Sports will refund any overpaid membership fees.
4. We aim to maintain our clubs properly, temporary or partial closures may be unavoidable. If you cannot work out for more than 14 days, or if we permanently close or relocate a gym, you may terminate the Agreement early, free of charge and without notice, as from the moment of closure or relocation. Early termination due to relocation is only possible if the gym is moved more than 5 km from the original location measured at the time the membership was concluded.

ARTICLE 7: CHANGES TO GROUP CLASSES
1. We strive to keep our class offering up to date. This means we may regularly adjust the content of classes, the types of classes, and the class schedule.
2. Article 6 paragraph 3 applies accordingly to changes in group classes.

ARTICLE 8: RELOCATION OR INJURY
1. If you move and there is no KD Sports gym within 15 km of your new address, you may terminate the Agreement early with a minimum 7 day notice period, starting on the first day of the next 4 week billing term. We may ask you to provide proof of your new address, for example municipal registration.
2. We hope you train in good health. For all membership types, you may suspend your membership for medical reasons under the following conditions:
• Suspension is only possible after KD Sports receives a valid medical certificate, by email or post to KD Sports Customer Service, stating you cannot participate in fitness temporarily.
• The certificate must indicate a required suspension of at least 1 month from the date it is sent to KD Sports.
• Suspension starts on the date of receipt by KD Sports and not retroactively.
• Suspension is always for a fixed period and ends on the date stated in the medical certificate.
• An administrative fee of €5 applies for processing the suspension.
3. If you provide a medical certificate showing you will be unable to train for 12 months or longer, KD Sports will terminate the membership upon your request with effect from the date of receipt of the request and certificate, by email to Customer Service.
4. If the medical certificate or proof of relocation is provided after legal proceedings have been initiated to recover outstanding membership fees, it will no longer be accepted.
5. For Family memberships, suspension or termination is only possible if all registered family members meet the conditions under Article 8 paragraphs 1 to 4.

ARTICLE 9: TERMINATION OF MEMBERSHIP
1. For a 12 month Agreement, you may terminate no later than one month before the end of the term. If you do not, the Agreement renews for a period equal to the previous term and can thereafter be terminated at any time without compensation, subject to a minimum 7 day notice period starting on the first day of the next 4 week billing term.
2. For a flex Agreement, you may terminate at any time without compensation, subject to a minimum 7 day notice period starting on the first day of the next 4 week billing term.
3. You may terminate your Agreement in the following ways, via the website, or by email to Customer Service. For email termination, include your name, membership card number, and the address of the gym where you are a member.
4. We aim to create an environment where everyone is respectful and rules are followed. If you do not comply with the Agreement, or if you seriously and or repeatedly breach the House Rules or display unacceptable behaviour, KD Sports may deny you access and terminate the Agreement immediately.
5. Training together is encouraged at KD Sports. Coaching other athletes in our gyms is reserved exclusively for personal trainers with whom we cooperate. If you nevertheless provide personal training, we may terminate your Agreement.
6. If you unlawfully grant access to another person, member or non member, in any way, for example by tailgating through the access gate, you are responsible for paying the day pass price. KD Sports may block access until the day pass fee is paid. In case of repeated violations, KD Sports may terminate the Agreement with immediate effect, applying Article 5 paragraph 8 accordingly.
7. If you can demonstrate that KD Sports is in serious breach of its contractual obligations, and only if you notify KD Sports by registered letter within 7 days after discovering the breach, KD Sports will agree to immediate termination of the Agreement and will compensate proven damages where appropriate. If we fail to repay amounts owed to you, you are entitled to default interest and a fixed compensation of 15 percent of the overdue amounts with a minimum of €50 for extrajudicial costs, as described in Article 5 paragraph 8.
8. Any termination by you other than those referred to in Article 8 paragraphs 2 and 3 and Article 9 paragraphs 1 and 2, such as unilaterally stopping monthly payments, will be considered an unlawful termination. In such cases, all membership fees remain due in full. If these amounts are not paid voluntarily, KD Sports may engage a collection agency to recover them. Article 5 paragraph 8 then applies accordingly.

ARTICLE 10: RISK AND LIABILITY
1. Sports activities involve risks. When using our facilities, you must assess what you can handle. You may engage a KD Sports Personal Trainer or use tips and advice in our app or in club materials. You remain responsible for how you exercise and the choices you make. Use of the facilities is at your own risk. In case of suspected health issues, seek professional medical advice to determine what is safe and appropriate for you.
2. KD Sports and its employees are not liable for material or immaterial damage resulting from accidents or injuries sustained in our clubs, except for personal injury caused by acts or omissions of KD Sports.
3. We advise you not to bring valuables. Lockers are available, but use is at your own risk, no locker is entirely secure against experienced thieves. KD Sports accepts no liability for damage, loss, or theft of your property, except in cases of intent or gross negligence by KD Sports.

ARTICLE 11: COMPLAINTS
1. We do our utmost to serve everyone and to provide access to fitness facilities. If you have a complaint, we regret that and would like to hear from you. You may first contact the host or hostess in our clubs and, secondly, KD Sports Customer Service, as described on www.kdsports.nl.

ARTICLE 12: PERSONAL DATA
1. To perform your Agreement, we process your personal data. KD Sports processes your data properly and carefully within the framework of applicable laws and regulations, including the General Data Protection Regulation, GDPR.
2. Our Privacy Notice explains which data we process, for what purposes, and how we handle your data, as well as how you may exercise your rights. The Privacy Notice is available on our website.
3. To protect people and property in and around our clubs, we use video and audio surveillance to monitor the gym 24 hours a day. Surveillance is limited to the gym area and does not cover toilets, showers, or changing rooms.

ARTICLE 13: CHANGES TO PERSONAL DETAILS
1. Changes in your personal situation, for example address or bank details, must be reported immediately to Customer Service by email.
2. If you fail to report such changes and KD Sports incurs costs to obtain your new details, these costs may be charged to you.

ARTICLE 14: KD SPORTS CUSTOMER SERVICE, CONTACT DETAILS
1. You may contact Customer Service at info@kdsports.nl.
2. For more information, visit www.kdsports.nl.

ARTICLE 15: APPLICABLE LAW AND DISPUTES
1. These Terms & Conditions and all agreements concluded by or with KD Sports Arnhem B.V. are governed exclusively by Dutch law.
2. All disputes arising from the Agreement between the Member and KD Sports shall be submitted to the competent court in the locality where the gym is situated.
3. You may also submit a dispute via the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/. Please note that we are not obliged to, and will not, participate in a consumer arbitration procedure before an out of court dispute resolution body.

ARTICLE 16: PHOTO, VIDEO AND AUDIO RECORDINGS
1. It is strictly prohibited to take photographs, videos, audio recordings, or any other form of visual or audio material in or around the premises of KD Sports Arnhem B.V. in which individuals, areas, equipment, or the KD Sports brand or logo are visible. This prohibition also applies to indirect recordings, such as through mirrors or reflections.
2. Creating, publishing, or distributing such material is only permitted with prior written approval from the management of KD Sports Arnhem B.V. Permission given by employees or coaches does not constitute valid authorization.
3. Publishing or distributing visual or audio material without such authorization, whether through social media, websites, messaging applications, or other public or private platforms, constitutes a serious breach of the Agreement.
4. Violation of this article may result in immediate termination of the membership in accordance with Article 9, as well as potential civil liability and or the filing of a criminal complaint.