general terms and conditions
Article 1: Definitions
At BigGym , we believe it is very important to have clear and transparent agreements with our members. This way we keep it fun for everyone. By being a member at BigGym you declare to have read and accepted the general terms and conditions and house rules. You can find the terms and conditions and the house rules at www.biggym.nl.
1.1 Promotion: the offer that BigGym offers to new members. Contract duration and price differ from the standard offers of BigGym.
1.2 Storn costs: an amount which is charged in the event of late payment.
1.3 Absence: when you are unable to come to sport for any reason.
1.4 Dues/Membership Fees: the amount of membership you are required to pay per month if enrolled before January 1, 2020 and 4 weekly if enrolled after January 1, 2020.
1.5 Member: you can become a member with us if you are a natural person from the age of 5 years and older.
1.6 Financially responsible person means the person who is financially responsible for membership fees.
1.7 Family members means members who are related to each other and live together at the same address.
1.8 Upgrade: A conversion of a membership that increases the value and contract length of the membership.
1.9 Activation fee: fee for activation at a registration.
1.10 Membership: the agreement entered into between you BigGym by registration. These terms and conditions also accompany your membership.
1.11 Lockers: locker where you can store your belongings.
1.12 Notice period: one full collection period which BigGym collects from you when you have cancelled your membership.
1.13 Principal Payer: The member responsible for payment in the case of a Together membership or Family membership. Dues will be debited from the principal payer's account number.
1.14 Collection Period: A period of one full calendar month for if you enrolled before January 1, 2020 and a full 4 weekly collection period for if you enrolled after January 1, 2020.
1.15 Personal Assistance: Guidance from the Gym Staff such as start-up advice, explanation of the equipment and tips on fitness, this is not a Personal Training hour.
ARTICLE 2: REGISTRATION
2.1 You can become a member of BigGym if you register via the registration form on the BigGym website or via the BigGym app .
2.2 Enrollment through a Sports Fund can be done through the front desk at any of the BigGym locations.
2.3 After registration you can immediately come and sport at BigGym!
ARTICLE 3: access and personal data
3.1 When you have registered, your personal data will be registered in our records.
3.2 By registering with BigGym and making the first payment, you authorize BigGym to collect the membership fee by direct debit.
3.3 Your access to BigGym is controlled by scanning the QR code at the entrance.
3.4 When you use a Family Pass, only one person from your family can exercise at a time. When another family member wants to exercise, there must be at least two hours between check-ins.
3.5 With a Together membership you can always come and exercise at the same time!
3.6 Your personal data is strictly confidential and will not be used for any purpose other than granting access to BigGym.
3.7 Your personal data will never be provided to third parties.
3.8 BigGym has permission to use your personal data for communications.
3.9 When you check in to exercise, a photo of you will be displayed on the checkout screen for verification purposes. BigGym cannot prevent this photo, intended for the Gym Employee, from being visible to other Members.
ARTICLE 4: Membership, term and payment
4.1 Your membership officially commences from the time of registration for an indefinite or definite term (depending on your chosen membership), with a minimum of two full collection periods.
4.2 If you have chosen an Unlimited, Together or Off-peak membership these will be automatically renewed for an indefinite period after your contract has expired. The membership fee will be adjusted to the current cost of membership. Your membership can then be cancelled monthly and you will have a cancellation period of one full collection period, which will commence after you deregister.
4.3 If you have opted for a Flexible or Kids membership you have a notice period of one full collection period, which starts after deregistration.
4.4 If you are under 18, you need permission from a parent/guardian to register at BigGym. This can be done by using the consent form in the registration form on the website or in the establishment itself.
4.5 When using a Together membership, you must both be able to show that you live at the same address.
4.6 Payment for your membership will be made monthly if you enrolled before January 1, 2020 and 4 weekly if you enrolled after January 1, 2020.
4.7 When you use a Family Pass or Together membership and we are unable to collect the membership fee from the main payer, the membership fee will be collected from one of the account numbers of one of the other (family) members who are linked to the main payer of the Family Pass or Together membership.
4.8 You should ensure that we can collect the contribution without problems. If this is not possible, we are forced to charge €5.00 in reversal costs per failed collection.
4.9 If you have not paid your membership fee on time, you are automatically in default. We determine per incident at which term we will proceed to dissolution.
4.10 In the event of payment arrears for a one, two or three year membership, 100% of the full remaining amount as a total claim is payable at once. The subsequent extrajudicial collection costs shall be borne by you and amount to 15% of the amount due, with a minimum of €40.00.
4.11 If you have not paid your membership fee on time, access to BigGym is not possible.
4.12 You cannot renew or upgrade a Family Pass. The terms of a Family Pass apply only to current members with a Family Pass. When your Family Pass agreement expires it will be converted to a Together membership. The articles related to a Together membership will apply to the membership from the conversion.
ARTICLE 5: RATES, CONTINUED PAYMENT OF MEMBERSHIP, ACTIONS, GENERAL CONDITIONS
5.1 We reserve the right to amend or supplement our terms and conditions and house rules.
5.2 We reserve the right to index and/or change our prices and rates of memberships and supplements.
5.3 Price adjustments due to government measures can be implemented immediately regardless of the amount and do not give a right to dissolution.
5.4 We may increase our rates once a year, on January 1. If we make use of this, it does not give the right to terminate the agreement, unless the rate increase occurs within three months of the conclusion of the membership.
5.5 For promotions and/or special offers you can ask for the conditions in the BigGym branches or via our customer service.
5.6 No rights can be derived from actions and/or special offers before or afterwards.
5.7 Action periods are always applied prior to membership unless we indicate otherwise. Action periods are outside the contract period.
5.8 Promotions that take place at a new location are only valid if you register at that new location.
5.9 Under no circumstances can you claim a refund of dues or other amounts.
5.10 Being absent for any reason does not relieve you of the obligation to pay the membership fee due and does not entitle you to any reduction thereof.
ARTICLE 6: CONVERSION/CANCELLATION
6.1 When you want to convert, this is only possible when your one, two or three year membership expires unless you want to upgrade your membership.
6.2 When you upgrade and/or convert your membership, the start date will be effective immediately. From that moment on your new membership term will start.
6.3 Cancelling your membership can only be done through BigGym app .
6.4 Premature cancellation/freezing of a membership is only possible when:
- You get a different home address further than 30 kilometers (based on the shortest route) than one of the BigGym branches. This will only be accepted if you have an official document "registration municipality" of the new place of residence as proof. If this document is approved by us you will have to purchase your membership. In case of a one, two or three year membership, your membership fee will be recalculated to a Flexible membership.
- When you can no longer use your membership due to injury or illness. The membership can then be stopped for a maximum of 3 full collection periods, your membership is then stopped. When you stop your membership for 3 full collection periods it will continue for 3 full collection periods longer. This can only be accepted with an official doctor's certificate as proof.
- When the government decides that there is a mandatory closure period. When this is the case we will give you the option to temporarily freeze your membership during the measure. As soon as this mandatory closure period is lifted, your membership will automatically continue again. Your contract period will be extended accordingly.
6.5 When you are the main payer of your Family Pass- or Samen membership and you unsubscribe, the membership will automatically be transferred to one of the other linked (family) members.
6.6 When you have taken out a membership via the online registration form on the BigGym website you have a withdrawal period of 14 days. This withdrawal period starts on the day you have closed your membership.
6.7 If you decide to revoke your membership you can do so by completing the revocation form on the website.
6.8 In case you want to revoke your membership and you do not use it during these 14 days, this revocation will be free of charge. If you have used the membership during this period, BigGym may charge a pro rata fee for the membership (from the activation of your membership to the day of withdrawal, including any activation fee).
6.9 If you send a deregistration by email, fax, online chat, social media, telephone or verbally it will not be processed.
6.10 If you do not abide by the terms of the agreement, our house rules or exhibit inappropriate behavior at the direction of the Gym Staff or Gym Manager we may deny you access to BigGym and terminate your membership immediately. The review of such behavior is the sole responsibility of BigGym. If you re-enroll at BigGym this will give good reason to terminate your new membership again.
6.11 If you have any outstanding balances you must first pay these before you can terminate your membership.
6.12 Any credit balances cannot be used after membership termination.
ARTICLE 7: RISK AND LIABILITY
7.1 Use of the facilities of BigGym is entirely at your own risk.
7.2 If you are the primary payer for a Family Pass or Together membership, you are responsible for the membership at all times. In case of overdue payments, all linked (family) members will be held liable. See article 4.
7.3 We are not liable for any material or immaterial damage resulting from accident or injury you incur in our gyms.
7.4 We advise you not to bring any valuables with you. However, BigGym offers free lockers to minimize damage, loss or theft of property. The cost of a BigGym combination locker is a one-time fee of €8.00. The use of your own locker is not allowed.
7.5 We are authorized to cut open any remaining locks after closing so that the next day's lockers are usable again.
7.6 Fitness can involve risks. When using our facilities you are responsible for knowing what you can handle. The use of the facilities is at your own risk. If you are in any doubt about your physical condition, we recommend that you seek expert advice from a doctor or specialist to determine the appropriate and feasible way for you to exercise.
7.7 We do not offer personal training by our own Gym Employees in the facility. However, we do offer free coaching to help you reach and/or achieve your goals. You can hire a Personal Trainer yourself or make use of the tips and advice we give on social media, the BigGym app or through other means in the gym. However, we are not responsible for the way you apply these tips and advice and the choices you make.
7.8 We are not liable for damage to and/or theft of your vehicle or other means of transport as a result of parking on the premises of BigGym.
7.9 You are liable for damage caused to our property if such damage is due to negligence and/or fault on your part.
7.10 It is not permitted to make and publish sound and/or visual recordings of staff or members without permission.
ARTICLE 8: COMPLAINT HANDLING
8.1 If you have any complaints we are very sorry to hear about it. You can always contact our customer service via the BigGym website.
8.2 We hereby ask you to provide your name and address and the description of the complaint. We will then ensure proper resolution of the complaint.
ARTICLE 9: CONCLUSION
9.1 By registering you declare to know, accept and act upon the general conditions and house rules.
9.2 You can find the general terms and conditions and the house rules of BigGym on the website and you can ask for them at the front desk of BigGym .
General terms and conditions BigGym B.V.
Chamber of Commerce number: 66020158
VAT number: NL856360417B01
Version active as of 23-11-2022