Membership Terms and Conditions

Netherlands Terms and Conditions

1. Definitions

a. Access Card means your membership card allowing you to enter the Club.

b. Access Card Fee means the Access Card Fee specified on the Membership Agreement. The one off Access Card Fee is Non Refundable and the Access Card remains your property.

c. Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

d. Conditions means these General Terms and Conditions

e. Club means the Jetts 24/7 gym as specified in the Agreement, or any such Club that your membership may be transferred to.

f. Club Access means the initial Joining Fee and Access Card Fee as described on the Membership Agreement.

g. Club Rules mean the club rules as amended from time to time, which are located at the Club.

h. DD Membership means a monthly membership, with recurring monthly direct debit payments.

i. DD Membership Fee means the monthly fee payable for the DD Membership.

j. Dishonour Fee means a €10.00 fee.

k. Fighting Fit Pre-Workout Questionnaire means the pre-workout questionnaire that the Member is required to complete prior to using the Club.

l. Foundation Member means a member that has a Foundation Membership as categorised by these Conditions.

m. Freedom means the membership that has 24/7 access to the club facilities, group FIT  and all Jetts clubs globally.

n. Jetts means Jetts NL Club B.V., and all of its affiliated companies, as specified on the Membership Agreement Joining Fee means the fee specified on the Membership Agreement.

o. Member means the individual who has entered into the Membership Agreement with Jetts.

p. Membership Agreement means the membership agreement made between you and Jetts containing the personal details of your membership.

q. Membership Fees means the fees that are due and payable by you pursuant to the Membership Agreement.

r. Minor means Members under the age of 18.

s. Notice means written or verbal notice.

t. Paid In Advance (PIA) Membership means Members that have paid in advance according to the level of PIA membership as indicated on the Membership Agreement.

u. Payment Agreement means the payment terms in the Agreement for payment between you and our Payment Provider, permitting the Payment Provider to provide the direct debit and credit card payment facilities.

v. Payment Provider means the Payment Provider specified from time to time by Jetts

w. Policies means the Jetts membership policies as amended from time to time, which are located at and available at your Club on request.

x. Privacy Policy means the Jetts privacy policy which is available at or by emailing [email protected].

y. Products means any products that are purchased pursuant to Jetts sale of goods terms and conditions.

z. Staffed Hours means the hours the Club is staffed as shown at the entrance to the Club or at .Jetts reserves the right to change the Staffed Hours at any time without Notice.

a. Written Notice means notice in writing, given in person, by email or post to the parties last known address or input of data via the Jetts website.

2. Conditions

a. Your membership is governed by the Membership Agreement and these Conditions.

b. These Conditions incorporate the terms of the Policies, the Club Rules, and the Privacy Policy.

c. Signing a Membership Agreement does not automatically entitle you to membership as your application may be subject to further review by Jetts.

d. These Conditions are applicable to all offers, quotations, the Membership Agreement and other agreements and legal relationships between you and Jetts.

e. Jetts is entitled to transfer its rights and obligations with regard to the Membership Agreement to a third party.

f. In the event that any provision of these Conditions is null and void or is invalid, the other provisons of these Conditions will remain in full effect. Parties will then be obliged to consult each other on replacing the invalid provision by a provision which approaches the intention of the null, void or invalid provision.

3. Membership

a. Nature of Membership Your membership permits you to use Jetts premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you, unless deemed appropriate by Jetts.

b. Change to Details You must provide Jetts with any changes to your details, which are relevant to your membership in writing.

c. All Club Privileges All Members are entitled to utilise any “Jetts” branded club within any country Jetts operates clubs.

d. Membership Hold Jetts will only hold your membership if you qualify under the membership hold policy set out by the Club. To be eligible for a membership hold you must be in good standing with all processing and enrolment fees paid and you must be current on your monthly fees. A membership can be placed on hold for a minimum period of 7 days and a maximum period of 8 weeks per membership year.

e. Foundation Membership – Members who duly complete and sign the Membership Agreement prior to the Club opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date Jetts advises the member by Written Notice. Jetts reserves the right to terminate a Foundation Member’s privileges in the event of the following:

i. PIA membership is not renewed prior to its expiry date;

ii. a PIA membership is transferred to non-member; or

iii. a PIA membership is cancelled or terminated; or

iv. a DD membership is cancelled or terminated; or

v. a DD membership is in arrears; or

vi. a member’s conduct is improper, harmful or illegal and contrary to the best interest of Jetts and/or its members.

4. Payments

a. You agree to pay all Membership Fees as set out in the Membership Agreement and agree to be bound by the direct debit terms and conditions as described in the Membership Agreement.

b. For a DD Membership you must make your payments on a monthly basis in advance.

c. For a PIA Membership, you must pay your membership in advance according to your level of PIA membership as indicated on the Membership Agreement.

d. For all memberships you must make payment of the Club Access amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or direct debit).

e. You must complete and deliver to Jetts a Membership Agreement with terms authorising Jetts’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

f. Jetts will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Jetts cannot contact you, it will provide you with Written Notice of overdue payments;

g. In the event payment for whatever reason has not been received by Jetts in due time, you will be in default by operation of law, and therefore without any further notice of default being required. You are subject to a Dishonour Fee in the event that a monthly DD Membership payment is dishonoured by your financial institution. Furthermore you will owe interest due to any late payment as from the invoice date onwards of 1.5% per month (including a part of a month) and (extra-) judicial costs.

h. A member will be charged a €29.00 fee if their Access Card is damaged or lost and requires replacement.

i. Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

j. If there are repeated failures to meet your payment obligations (other than through the fault of Jetts or its Payment Provider), without prejudicing Jetts’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

k. Jetts may change its Payment Provider. In such circumstances if required, you must complete and deliver to Jetts a Payment Agreement authorising Jetts’ new Payment Provider to debit the Membership Fees due for each direct debit period from your Billing Account.

l. Jetts reserves the right, at any time, to change the Membership Fees charged to members for use of the Club facilities. Jetts agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise Jetts and/or the Payment Provider to debit the new amount to your account.

5. Minimum Age

a. All Members of Jetts must be a minimum of 14 years of age.

b. Minors aged from 14 to 18 years of age must comply with the following restrictions:

i. access to the Club can only be during Staffed Hours; and

ii. a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and

a suitably qualified personal trainer to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of exercise.

c. Minors aged 18 years of age and over access the club pursuant to these Conditions.

6. Staffed Access

a. A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Club during Staffed Hours.

7. Disability

a. All disabled members of Jetts must comply with the terms of the Policies.

8. Access by Non-Members

a. Jetts only grants Members, unless otherwise specified in the Membership Agreement, access to the Club. No Member is permitted to bring a non-member into the Club.

b. If a Member breaches clause 8(a) of these Conditions, the Member acknowledges that:

i. they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non- member whether or not caused through the negligence of Jetts;

ii. the act of bringing a non-member into the Club constitutes automatic acceptance by the Member of a new membership for the non-member. The Club Access amount, in addition to the DD Membership Fee, will be charged to the member in the following ways:

1. for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and

2. for a Member who holds a PIA Membership, the Member will receive an invoice for this amount;

iii. payment of the amount in accordance with the clause above will entitle the non-member to use the Club for one month;

in order for the non-member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new members are required to comply with pursuant to this Agreement; and

iv. Jetts reserves the right to terminate the membership of the Member who brings a non-member into the Club.

9. Orientation

a. It is a condition of the Membership Agreement that you participate in a scheduled member orientation program.

b. The orientation focuses on the safe and correct use of the equipment and safety systems provided at the Club.

c. Jetts may suspend or terminate the Membership Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.

10. Physical Condition

a. It is your responsibility not to use any equipment which may adversely affect any medical condition.

b. You hereby represent to your Club and Jetts and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of the Club or its facilities.

c. If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club.

d. You acknowledge that Jetts did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.

11. Fight Fit Pre-Workout Questionnaire

a. It is a condition of membership with Jetts that each Member, prior to using the Club, has to complete the Fighting Fit Pre-Workout Questionnaire.

b. You will not be permitted to use the Club until you have completed the Fighting Fit Pre-Workout Questionnaire.

c. Jetts reserves the right to restrict, suspend or terminate your membership if Jetts is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Jetts with a medical certificate confirming that you are fit to train.

12. Video and Audio Surveillance

a. For security purposes, Jetts uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.

b. By signing the Membership Agreement you acknowledge that by accessing the any “Jetts” branded club you will be subject to video and audio surveillance and recording.

c. Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

13. Equipment

a. You understand and acknowledge that Jetts purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

b. You understand and acknowledge that Jetts is providing recreational services and may not be held liable for defective products or equipment.

14. Liability for Property

a. Jetts is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in a locker.

b. If you cause damage to the Club or any equipment you are liable to Jetts for its cost of repair or replacement.

15. Cooling Off Period

a. All new memberships are subject to a cooling off period of 7 business days.

b. A request for termination of membership during the cooling off period can be made by you in writing or verbally and delivered to the Club or sent by post to the Club.

c. For any membership terminated validly during the cooling off period, Jetts shall refund to you the total of all Membership Fees within 7 days of Jetts receiving Notice of termination.

16. Termination, Restriction or Suspension of Membership

a. You may terminate your membership at any time on the following basis:

i. You provide a request for termination of your membership in writing to Jetts.

ii. If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:

A. your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and

B. there will be a refund of any unused Membership Fees.

iii. In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

iv. If your request for termination is for reasons other than permanent sickness or physical incapacity:

A. in relation to Direct Debit Memberships:

  1. you may terminate your membership at any time;
  2. you must provide Jetts with Notice of termination at least 48 hours prior to the 25th of the cancellation month to allow Jetts sufficient time to process your termination and cancellation of your Direct Debit; and
  3. there will be no refund of any unused Membership Fees and your membership will cease on the final day of the month in cancellation month

B. in relation to PIA Members:

  1. you may not terminate the membership during the pre-paid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 16 (a)(ii); and
  2. if you do not renew your PIA Membership by the renewal date , your membership will automatically expire.

b. Jetts may restrict your membership (including by limiting access to other “Jetts” branded clubs and for limiting access to Staffed Hours) at any time on the following basis:

i. concern for the health and/or safety of the member; or

ii. non-compliance, improper or harmful conduct engaged in by the member.

c. Jetts may suspend or terminate your membership at any time on the following basis:

i. you fail to make any payments of your Membership Fees;

ii. any monthly payments of fees are late;

iii. Jetts reasonably suspects that you are engaging in illegal activity in the Club;

iv. you fail to follow any of the Policies or Club Rules, or violate any part of the Membership Agreement; or

v. your conduct is improper or harmful to the best interest of Jetts members.

d. In the event that Jetts terminates your membership in accordance with clause 16(c) you are liable for all financial obligations until that date. If you are a PIA member, Jetts will not refund any unused portion of your fees.

e. Upon termination of your membership by Jetts, you will cease to have access to the Club, and Jetts has the discretion to deny you access to any ”Jetts” branded club. Any money owing to Jetts when your membership ends, remains immediately due and payable and Jetts will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Jetts, you must pay the balance of the amount owing.

f. Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.

g. Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.

17. Risk and Liability

a. Jetts warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

i. slipping on wet flooring;

ii. being struck by weights;

iii. colliding with equipment, or other members;

iv. engaging in strenuous exercise and activities; or

v. incorrect use of equipment or Club,

b. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

c. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

d. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Jetts are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

e. Except insofar as exclusion of any liability on the grounds of mandatory law is not possible, Jetts will not be liable for any unlawful acts or an (attributable) shortcoming in the fulfilment of its obligations or on the basis of any other legal ground.

f. Notwithstanding the provisions set out in clause 17, Jetts is not liable for any and all consequential (indirect) loss, including but not limited to consequential damage, lost profit, lost savings, loss of data, loss of goodwill, loss as a result of operational stagnation or other financial loss. In so far Jetts is or shall be held liable for any loss or damage Jetts’ liability is limited to the insurance payment made by the insurance company.

18. groupFIT

a. Jetts operates a groupFIT program which contains classes operated by instructors each week.

b. Jetts retains the right to change the timetable and length of any class from week to week throughout your membership.

c. Participation in classes is for all Jetts members.

d. All groupFIT participants must assess their suitability for the class from a medical and physical perspective pursuant to clause 17.

e. Jetts retains the right to refuse entry to a class at its sole discretion.

19. Membership Type Change

a. Members can elect to change between Freedom or Freedom Student/Family memberships by giving Notice to Jetts. The membership fees will be adjusted according to whether you are PIA or a DD payment method:

i. For PIA memberships change from Freedom Student/Family to Freedom will attract a prorated adjustment to your 1 year fee for the balance of your remaining membership tenure.

ii. For DD memberships the change of DD Membership Fees will be modified from the date of Notice of the membership change.

b. Members can only elect to changes from Freedom to a Freedom Student/Family membership if on a DD membership payment method. The change of DD Membership Fees will be modified from the date of Notice. PIA members cannot make this change during the tenure of the membership.

20. Applicable Law and Dispute Settlement

(a)           These Conditions are governed by and construed with the laws of the Netherlands.

(b)          Any disputes between the parties in relation to the Membership Agreement and these Conditions will be submitted to the competent court of the district Oost-Brabant, location ‘s-Hertogenbosch, unless Jetts chooses to bring the case before the court of your domicile or another court with territorial jurisdiction pursuant to the law.

Jetts NL Clubs SK BV

BTW NL.8547.96.356.B.01

K.v.K Leiden 62382780