Terms of Service

Last updated: December 2024

Acceptance of Terms

By accessing or using the services provided by haberbjvdw B.V., including our wellness center facilities, website, and any related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and haberbjvdw B.V. (Registration Number: 36421895, VAT: NL795364218B164), a company incorporated under the laws of the Netherlands with its registered office at Stationsweg 248, 1343 XR Almere, Flevoland, Netherlands.

Description of Services

haberbjvdw operates a wellness center providing fitness and health-related services including but not limited to:

  • Personal training and fitness coaching
  • Group fitness classes and wellness programs
  • Wellness consultations and health assessments
  • Specialized wellness programs and services
  • Use of fitness equipment and facilities
  • Nutritional guidance and lifestyle coaching

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to our clients.

Membership and Registration

To access our services, you may be required to register for membership or specific programs. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your information as necessary
  • Be responsible for maintaining the confidentiality of your account
  • Notify us immediately of any unauthorized use of your account
  • Be at least 16 years of age or have parental consent

User Obligations and Conduct

When using our services, you agree to:

  • Follow all facility rules, safety guidelines, and staff instructions
  • Respect other clients, staff members, and facility property
  • Use equipment properly and report any damage or safety concerns
  • Maintain appropriate hygiene and dress code standards
  • Arrive on time for scheduled appointments and classes
  • Provide accurate health information relevant to your fitness program

Prohibited Conduct

You agree not to:

  • Engage in disruptive, threatening, or inappropriate behavior
  • Use our facilities while under the influence of alcohol or drugs
  • Bring unauthorized guests or allow others to use your membership
  • Engage in commercial activities without prior written consent
  • Violate any applicable laws or regulations while on our premises

Health and Safety

Your health and safety are important to us. By using our services, you acknowledge and agree that:

  • You are physically capable of participating in fitness activities
  • You will consult with healthcare providers before beginning any fitness program if you have health concerns
  • You will inform our staff of any health conditions, injuries, or limitations
  • You participate in all activities at your own risk
  • You will follow all safety instructions and use equipment properly

Payment Terms

Payment terms for our services include:

  • All fees must be paid according to the agreed schedule
  • Prices are subject to change with reasonable advance notice
  • Refunds are provided according to our cancellation policy
  • Late payment fees may apply to overdue accounts
  • We reserve the right to suspend services for non-payment

Cancellation and Refund Policy

Our cancellation and refund policies vary by service type:

  • Individual sessions: 24-hour cancellation notice required
  • Group classes: 2-hour cancellation notice required
  • Memberships: 30-day written notice required for termination
  • Special programs: Specific terms provided at time of enrollment
  • Refunds processed according to the specific terms of each service

Intellectual Property

All content, materials, and intellectual property related to haberbjvdw services, including but not limited to:

  • Training programs, methodologies, and materials
  • Website content, graphics, and software
  • haberbjvdw name, logo, and branding elements
  • Proprietary fitness and wellness programs
  • Educational materials and documentation

are owned by haberbjvdw or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and Dutch data protection legislation.

Limitation of Liability

To the fullest extent permitted by applicable law, haberbjvdw and its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from:

  • Your use of or inability to use our services
  • Any injury or health condition arising from fitness activities
  • Equipment malfunction or facility issues
  • Loss of personal property while on our premises
  • Interruption or suspension of services

Our total liability for any claim shall not exceed the amount you paid for the specific service giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless haberbjvdw, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your use of our services or facilities
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Any injury to third parties caused by your actions

Force Majeure

haberbjvdw shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, pandemic, government restrictions, war, terrorism, or other causes beyond our reasonable control. In such events, we will make reasonable efforts to resume normal operations and may provide alternative arrangements when possible.

Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice, for any breach of these Terms or for any conduct that we determine to be harmful to our business, other clients, or staff members.

You may terminate your relationship with haberbjvdw by providing written notice according to the terms of your specific service agreement. Upon termination, your right to use our services will cease immediately.

Provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to intellectual property rights, limitation of liability, and governing law provisions.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

If you are a consumer residing in the European Union, you may also have rights under the consumer protection laws of your country of residence.

Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The remainder of these Terms shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and haberbjvdw regarding the use of our services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

For significant changes that materially affect your rights, we will provide additional notice through email or other appropriate means.

Contact Information

If you have any questions about these Terms of Service, please contact us:

haberbjvdw B.V.
Stationsweg 248
1343 XR Almere, Flevoland
Netherlands

Email: legal@haberbjvdw.top
Phone: +31 405510122
General Contact: contact@haberbjvdw.top