Body Mechanics
De Kempenaerstraat 34C
2341 GN Oegstgeest
KVK: 80905706

Article 1. Payment Terms
To ensure smooth service, all sessions must be paid for in advance, unless otherwise agreed upon. Please note that payments for all our plans are non-refundable, and we are unable to offer refunds for cancellations or unused sessions.

Article 2. Cancellation and Refund Policy
2.1 Once sessions are booked and paid for, they are non-refundable and cannot be canceled. If you need to reschedule, please reach out to us at least 24 hours before your session to avoid losing it.
2.2 In case of an emergency, the trainer may need to reschedule a session, and a make-up session will be arranged. If less than 24 hours’ notice is given, you will receive one complimentary session. If the trainer arrives late or has to leave early, the session fee will be adjusted accordingly.

Article 3. Intake Requirement
For your safety and to provide the best possible training experience, we kindly ask that all participants complete an intake interview answer our questions honestly and fully before starting any activities. If the intake interview is not completed, we may need to decline participation to ensure proper care.

Article 4. Refusal of Participation
Based on the intake form and interview, we may occasionally need to decline participation. This decision will always be made with your safety and well-being in mind. If the trainer feels that participation is not appropriate for any reason, we may need to refuse training. Our goal is always to provide the best and safest experience for everyone.

Article 5. Health and Safety
Your health and safety are our top priority. Please ensure you share any relevant medical conditions with us before starting training, so we can tailor sessions to your needs. We rely on your honesty to keep everything safe. By attending sessions, you agree to follow your trainer’s instructions during exercises to ensure a safe and effective experience for everyone.

Article 5.1 Personal Injury and Liability
When you join us for personal training, you’re acknowledging that you understand the risks involved. By participating, you agree not to hold Body Mechanics or our trainers responsible for any injuries that might occur during training. Please let us know about any pre-existing injuries or health conditions so we can ensure your sessions are as safe and effective as possible.

Article 6.0 Personal Training Obligations and Limitations
6.1 At Body Mechanics, we are committed to guiding each participant in the best possible way throughout their training sessions, leveraging the expertise of our qualified trainers. However, while we strive to support the achievement of your goals, we do not guarantee that the desired results will be met. Success is dependent on the participant’s dedication and effort.
6.2 Body Mechanics reserves the right to determine how and by whom the services are delivered. We ensure that our approach aligns with our holistic philosophy, yet the execution of the training may vary based on individual needs.
6.3 Without prior consent from Body Mechanics, training sessions or any part of them cannot be attended by anyone other than the registered participant. This policy ensures that each person receives the tailored attention they deserve.
6.4 The participant is required to arrive on time for each scheduled training session to ensure a smooth and productive workout experience.
6.5 Before each training session, the participant must declare whether they are in good health and physically able to follow the personal training instructions without compromising their health. In case of doubt, the participant is required to consult a qualified healthcare professional before commencing training. During the course of the program, any pain, discomfort, unusual fatigue, or changes in physical condition must be reported to Body Mechanics immediately. This ensures safe and effective training within our holistic approach to wellness.

7.0 Order and Instruction Regulations
The participant or visitor must adhere to the instructions provided by Body Mechanics, as well as the established regulations regarding, among other things, appropriate attire, necessary order, and discipline. In case of violation of these instructions and/or regulations, Body Mechanics has the right to deny access to the sessions and terminate the membership immediately, without reducing or refunding the subscription costs.

8.0 Confidentiality and Data Protection
Body Mechanics respects your privacy and is committed to protecting the personal data you provide. We will only use your information to provide services and will not share it with third parties unless required by law.

Article 9.0 Liability
9.1 Body Mechanics is not liable for any damages, whether direct or indirect, resulting from:

• An event that is beyond our control and cannot be attributed to our actions, such as force majeure situations outlined in Article 14.2.
• Any act or negligence on the participant’s part, including but not limited to insufficient health or fitness levels, overestimating one’s abilities, or ignoring instructions. Participants must be aware that exercising carries inherent risks and must fully adhere to instructions.

9.2 Body Mechanics is not liable for any damages arising from incorrect or incomplete information provided by the participant.
9.3 Participation in training activities is entirely at the participant’s own risk. The participant is personally liable for any damages caused to themselves or others during the training. Body Mechanics cannot be held responsible for any injuries, fractures, or mental or physical harm resulting from following training advice or instructions provided by our trainers. All advice and instructions are non-binding and are followed at the participant’s own risk. Any costs resulting from an accident or injury during training will be borne entirely by the participant. The participant must always adhere to the rules and instructions provided by Body Mechanics. Should the participant refuse to follow these rules or instructions, they will be responsible for any resulting damages.
9.4 Body Mechanics is not liable for any damage, loss, theft, or disappearance of personal property within or around the training facility. Lost items may be retrieved at the reception desk.
9.5 Body Mechanics accepts no liability for indirect or consequential damages.
9.6 Every participant must have valid health insurance.
9.7 In the event of hazardous weather conditions (e.g., thunderstorms, storms, extreme heat, snow), Body Mechanics reserves the right to cancel the session to ensure the safety of participants.
9.8 Should Body Mechanics be liable for any damage, our liability is limited to the amount covered by our insurance policy. If the insurer does not pay out or the damage is not covered, our liability is limited to the amount the participant has paid for the services.
9.9 Body Mechanics cannot be held responsible for events or damages caused by participants or third parties in areas outside of the training spaces or training activities.
9.10 Body Mechanics is not liable for any events occurring if a participant or third party enters the training space without supervision, even after training has started.

Article 10 Force Majeure
10.1 Body Mechanics is not required to fulfil its obligations under the agreement if something outside of our control occurs.
10.2 Force majeure includes situations like third-party failures, trainer illness, traffic accidents, system disruptions, virus outbreaks, natural disasters, weather events, government regulations, or other unforeseen circumstances.
10.3 If force majeure occurs, we’ll do our best to offer alternative training options if possible.
10.4 In case of force majeure, billing will continue as usual unless we inform you otherwise.

Article 11 Termination
11.1 If a participant or visitor’s actions go against these terms or damage the reputation of Body Mechanics, we have the right to end the agreement and deny access to sessions, without offering a refund.
11.2 The use of drugs, alcohol, or other substances before or during training is not allowed. Any violation of this will result in the immediate termination of the agreement.
11.3 The agreement can’t be canceled retroactively.
11.4 The duration of the agreement is set when it’s signed. Early termination is possible only for medical reasons, with a valid doctor’s note.
11.5 Unfortunately, we can’t offer refunds for any fees already paid.

Article 12 Privacy
12.1 Body Mechanics handles personal data with care and in accordance with the Dutch Data Protection Law (AVG). Personal data collected through intake forms and interviews is used solely for administrative purposes and is not shared with third parties.
12.2 Intake forms will be deleted after one year, or earlier if requested.
12.3 Personal data on invoices must be kept for seven years as required by law.
12.4 Participants must immediately inform Body Mechanics of any changes to personal information.
12.5 Both parties are obliged to maintain confidentiality of any sensitive information shared during the course of their agreement.

Article 13 – Intellectual Property
13.1 All intellectual property rights related to our training methods, models, and tools are owned by Body Mechanics.
13.2 Any materials we provide (like reports or training plans) are for your personal use only and can’t be shared without our permission.
13.3 Please avoid recording any of the training sessions or our trainers unless you have prior approval from us.

Article 14 – Disputes and Applicable Law
14.1 Any complaints or disputes can be addressed to Body Mechanics via info@bodymechanics.nl.
14.2 Dutch law applies to all rights, obligations, offers, and agreements related to these terms and conditions. Any disputes will be resolved by the competent court in the region where Body Mechanics is based.

Article 15 – Miscellaneous Provisions
15.1 Body Mechanics reserves the right to change rates and terms at any time, with price increases applying after the current subscription ends.
15.2 Participants must stay informed about these general terms and conditions. Any situations not covered by these terms will be assessed and decided by the management of Body Mechanics.

Article 16 – Automatic Renewal & Payment Terms
16.1 Upon the completion of each contract period, the agreement will automatically renew for the next period unless otherwise specified. Peter Fenwick of Body Mechanics will provide notification of the upcoming renewal two sessions before the end of the current contract period.
16.2 If the member does not wish to continue with the contract for the next period, they must inform Peter Fenwick at least two sessions before the contract period concludes. This notice must be provided verbally, and an agreement will be made accordingly.
16.3 After agreeing to continue or upon providing notice of non-renewal, the member will receive an invoice for the upcoming period. The member agrees to accept the invoice before the end of the current contract period. Full payment for the next period must be made before the start of the new contract period and before the final session of the current period.
16.4 Contract Expiry: The contract is valid for 6 months from the contract’s commencement date. If all sessions are not used within this 6-month period, the contract will become null and void, and any unused sessions will be forfeited without refund.
16.5 Once the contract expires or is terminated, no refunds will be issued for unused sessions.