1 General terms and conditions
Latest update: December 20, 2023
General terms and conditions Basic Gym
Weare Basic Gym,partofthe Basic Gym Limited . (BasicGym). BasicGym offersa membershipfor theuseof fitness
facilities at theclubsof BasicGym (the Membership). For more information about BasicGym and thedifferent
Memberships, visitthe website:https://basicgym.co.uk./ (Website).
CHAPTER 1 In general
1.1 Thesegeneraltermsandconditions (Terms)apply tothelegal relationshipbetween BasicGym andevery
natural person who concludes a Membership (Member).
1.2 BasicGym offers Members among others fitness facility’s, group lessons and personal training(the Services).
1.3 These Terms also apply to every person who uses the Servicesof BasicGym, regardless of whether a Membership or any other agreement has been concluded with BasicGym. Thus,these Terms apply,interalia,to
the by BasicGym offered trial lessons and/or daypasses. The Terms will be made available to a Member when
registering for the trial lesson and/or day pass.
1.4 BasicGym offers Services under thecondition that a Member, and any other user of the Services, accepts
these Terms.
CHAPTER 2 Membership
2.1 BasicGym offersdifferent kindsof Memberships. Anup-to-dateoverview ofthevarious Membershipsand
additional Services whichcan beconcluded at a Membershipare available on the Website.
2.2 The Membershipstartsonthedayof registration. The minimum durationofthe Membershipamounts tofour
(4) weeks. BasicGym provides the Member of an overview of the Membershipupon completion of registration
(Registration confirmation).
2.3 The Membership will, after theend of the agreedterm, as stated in the Registration confirmation
automaticallybeconvertedintoa Membershipforanindefiniteperiodoftime(the Flex-Membership) that with
one month’snotice maybeterminatedatany timeinthe mannerdescribedinarticle4ofthese Terms. More
informationaboutthe Flex-Membershipandtheassociatedfees canbefoundonthe Website.
2.4 Itispossibletoupgradethe Membershipduringtheterm toarenewed Membership. Therenewed
andupdated Membershipstartsatthedayof conclusion(onthedateincludedintheupdated Registration
confirmation).Itisnotpossibletoscaleback toacheaper Membershipduringtheterm ofthe Membership.
2.5 The Membershipispersonalandnon-transferable. Thesameapplies to utilizing the entrancetagfor club
access. The Membershipcanonlybeusedby the Member thatenteredintothe Membership. The Membership
canin consultation with BasicGym be frozen on medical grounds (suspension). BasicGym reserves the right to
request additional evidence from a Member when requesting a freezing. The freezing periodcan only
commence after the memberhas submittedtherequestedevidenceandithasbeenreviewedandapprovedby
BasicGym.The periodthatthe Membershipis frozen willbeaddedtotheoriginallyagreedterm. A freezecan
lasta minimum of one to a maximum of six months.
2
2.6 In case of a Student-Membership the student provides BasicGym with a valid Certificate of Enrolment
(BvI) from theeducational institution wherethe studentis enrolled. This Certificateof Enrolment should be
re-sharedeachyearuponrenewalofthe Membership with BasicGym. Withoutanew Certificateof Enrolment
the Membership will beautomatically convertedtoan Flex-Membership. Moreinformationaboutthe StudentMembershipcan befoundonthe Website.
CHAPTER 3 Right of withdrawel
3.1 After conclusionofa Membershipthe Memberhas therighttocancelthe Membershipfreeof chargeupto
fourteen (14) days after registration.
3.2 When exercising the right of withdrawal, the Member owes an amount based on the basic rate for the agreed
Membership, proportional to the Services the Member used during his/her period as a Member. Any Promotions
nolongerapply tothe Membershipuponuseof therightof withdrawal.
3.3 A Member canonly cancelthe Membershiporany cancellable Servicesonline in the Basic Gym App.
CHAPTER 4 Cancellation of the Membership
4.1 Cancellationofthe Membershipispossibleby theendoftheagreedterm, subjecttoone month’snotice. Atthe
endoftheagreedterm ofthe Membership,the Membershipisautomatically convertedintoanindefinite FlexMembership andit is possibletoterminatethe Flex-Membership at any time, subject to one month’snotice.
4.2 A Member canonly cancelthe Membershiporany cancellable Servicesonline in the BasicGym App
4.3 Interim cancellationofa Membershiporpartofthe Services isonlypossiblebypaymentofthetotalamount
ofthe remaining Membership Feesand/or fees for the Services for the remainder of the agreedterm from the
time of interim cancellation (Residual amount). When calculating the Residual amount, applicable Promotions are
excluded.
4.4 Vending machinecreditsarenon-refundable.
4.5 BasicGym reserves therighttoterminatea Membership withoutgivingreasonsand without refundof
Membership Fees inthecasesbelow:
a) Withoutprior warning,ifa Member seriouslyand/or repeatedly violates theregulations setby BasicGym
and/or BasicGym House Rules and/or thereis any other reason that maintaining the Membershipcan no
longer reasonably be expected from BasicGym;
b)Afterprior written warning,ifpayments arising from the Membershipare not made thirty (30) daysafter
thepaymentduedate,thepaymentobligationdoesnotexpire;or
c) After prior written warning, if a Member fails to comply withthese Terms.
CHAPTER 5 Membership Fees and Promotions
5.1 The Membershipisenteredat therates setoutin the Registrationconfirmation(de Membership Fees). The
current Membership Fees are also available on the Website.
5.2 BasicGym reserves therighttochangethe Membership Feesand/or thepaymentfrequenciesofthe
memberships. Any increases in the Membership Feesor changeinpaymentfrequencies willbe announcedthirty
(30)days prior totheincrease or change, viaane-mailto the e-mail addressprovidedby the Member.Ifthereis
an increaseinthe Membership Fees or changein paymentfrequencies the Member has the right toterminate
3
the Membershipfreeof charge withinfour (4) weeksoftheannouncement.
5.3 BasicGym reserves the right toindex the Membership Fees annually using the Consumer Price Index (CPI)
from Statistics Netherlands (CBS). Theterminationoptionintheeventofanincreaseinthe Membership Fees
from article5.2doesnotapply intheeventofanindexationofthe Membership Feesby BasicGym onthebasisof
the Consumer Price Index.
5.4 Promotions offered by BasicGym, such as ‘free months’ or additional discounts, are made available
in conjunction with a paid Membership (Promotions). Promotions only commence upon completion of the
Membership registration as stated in the Registration confirmation, or during the term of the Membership in
the manner communicated to the Member in writing by BasicGym. On early termination of the Membership,
Promotionsenjoyed, suchas ‘free months’, will stillbecharged.
5.5 A Promotion mustbe acceptedbefore anyadvertisedexpiry date. Except whereprohibitedby law, BasicGym
reserves therighttoamend, suspendor terminateany Promotionatany timeandforany reason, BasicGym will
nothonour subsequententries intothe Promotions.Inthecaseofany Promotions,theassociatedpromotional
period will continue for the period advertised by BasicGym.
5.6 N/A
5.7 In case of a Student-Membership, a Flex-Membership, company fitness and other Memberships to be
designated by Trainmore, the discounts referred to in this Article 5cannot be used unless otherwise agreed in
writing. The Registration confirmation states when the Memberships referred to in this paragraph apply.
CHAPTER 6 Registrations
6.1 In order to provide optimal and secure Services, all Member visits are registered. A maximum of one
registration per day is used to calculate the Euro discount. BasicGym’s registrations are binding for the Euro
discount referred to in Article 5.
6.2 A Member canrequesttheirown visit frequencyattheclub’s frontdesk andin the BasicGym app.
CHAPTER 7 Liability
7.1 Memberuses BasicGym’s Servicesattheirownresponsibilityandrisk.
7.2 Member remains personally responsible for their own behaviour within BasicGym’s clubs. BasicGym is not
liablefor theconductofa Memberandany resultingdamages.
7.3 BasicGym isnotliableforanypersonal injury,accidentordeathofa Memberduringtheir stay inandaround
BasicGym, regardless of whether the provided facilities are used, except in the event of wilful intent or deliberate
recklessness by BasicGym.
7.4 Member indemnifies BasicGym againstany liability tothirdparties fordamages sufferedby thethirdparty in
questionduringhisorherattendanceatthe BasicGym clubasaresultofactsoromissionsbya Member.
4
7.5 BasicGym is notliable for damageto or loss of property, as wellas thefts ofproperty in BasicGym’s clubs.
7.6 If BasicGym caninanyeventinany waybeheldliablefor Member’sdamages, BasicGym’s liability is limitedto
the amount paid out by the insurer of BasicGym’s in that specific case.
7.7 Nothinginthese Terms shallexcludeor limit BasicGym’s liability whereit cannotbeexcludedor limitedunder
applicablelaw, suchas intheeventof wilful intentorgrossnegligenceby BasicGym.
CHAPTER 8 Instructions
8.1 Member must comply withtheinstructionsgivenby BasicGym employees,establishedregulationsandthe
BasicGym House Rules. The BasicGym House Rulesareavailableineachclubandonthe Website.
CHAPTER 9 Payment
9.1 Payment of Membership Fees and additional services is made periodically via SEPA direct debit. The SEPA
direct debit authorisationis deemedto have beenissued bya Member during registration.
9.2 Administration and/or registration fees can be paid at the clubs or online.
9.3 Intheeventthataspecificpaymentperiodduecannotbedebitedviadirectdebitontwooccasions, BasicGym
isentitledtochargelegal collectioncosts. The Member will in this casebetemporarilydeniedaccess totheclubs.
9.4 Paymentsdue whicharenot made withintheperiodsetby BasicGym shallbetransferredtoacollection
agency. All (extra)judicial (collection)costs shall be borne by the Member. The compensation of extrajudicial
costs is fixed at 15% of the principal sum owed (with a minimum of 30,- GBP per claim). In addition,
BasicGym or thecollectionagency shall chargestatutory interestafter theexpiryofthepaymentperiodset
by BasicGym.
CHAPTER 10 Conforming conditions
10.1 Byenteringintothe Membership,the Memberdeclares thatitaccepts these Terms.Inaddition,byentering
intothe Membership,the Memberdeclares thatithas readthe House Rulesandother regulationsestablishedby
BasicGym.
10.2 In the event of non-compliance with these Terms or the House Rules and other regulations established by
BasicGym, BasicGym isentitledtodeny the Memberaccess totheclubsandterminatethe Membership with
immediate effect, without any right to a refund of any made payments. Paymentfor all outstanding amounts up
until the end of the membership is still required.
CHAPTER 11 Other provisions
11.1 Changes tothese Termsby BasicGym willbecommunicatedtothe Member viae-mailtwo monthsbefore
they takeeffect. The Member has theoptiontocancel its Membership free of charge in the event of substantial
changes tothese Terms, subjecttoanoticeperiodofatleastone monthby thedateon whichthenew Terms
come into force.
11.2 Member can submitany complaints regardingthe General terms and Conditions via thecontact form onthe
Website.
11.3 Ifanyprovisionofthese Terms isheldtobeunlawful, void, voidableorotherwiseunenforceable,this shallnot
affectthevalidityandenforceabilityoftheremainingprovisionsofthese Terms. Theunlawful, void, voidableor
otherwiseunenforceablepart shallbe(deemedtobe) replacedbyavalidandenforceableprovisionthat comes
as closeaspossibletothepurposeandscopeofthereplacedprovision.
5
11.4 Should BasicGym be unableto offer its Services (in part) to Memberdue toforce majeuresituation,
6
including (government) restrictions, payments already made by Member will not be refunded. During this period,
BasicGym isentitledtocontinuetocollect Membership Fees from Member. BasicGym endeavours tooffer
suitablealternative Services to Member intheeventofa(governmental) restrictionor force majeuresituationat
BasicGym. In the event that BasicGym fails to provide suitable alternative Services in this situation, Member has
the rightto suspend itsobligations under the Membership duringthis periodor tocancel the Membership.
CHAPTER 12 Privacy
12.1 BasicGym considers theprotectionofpersonaldatatobeimportant. BasicGym acts inaccordance withthe
General Data Protection Regulation (GDPR).
12.2 Ourprivacypolicy tells you whatpersonaldata BasicGym processesand what wedo withit
CHAPTER 13 Applicable law and competent court
13.1 These Termsandallotheragreementsbetween BasicGym and Memberaregovernedexclusivelyby UK
law.
13.2 If BasicGym anda Member cannot resolveadisputebetweenthemselves,disputesbetweenthe Member
and BasicGym shall be submitted to the District Court of London.
CHAPTER 14 Questions, comments and suggestions
If you have a question, commentor suggestion,please contact us using the contact details on the website .