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GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Article 1. Definitions

1.1.

These general terms and conditions use the following definitions, unless expressly indicated otherwise, or determined otherwise by the context:

  1. Mom in Balance: the user of these general terms and conditions. The company details of each location can be found at the bottom of the general terms and conditions.
  2. Membership: the Mom in Balance membership concluded by the member;
  3. Member: the natural person who has concluded a membership with Mom in Balance;
  4. Workout: the workout arranged by Mom in Balance;
  5. Trainer: the natural person instructing the workout on behalf of Mom in Balance;
  6. Website: the mominbalance.nl website on which the member can sign up with Mom in Balance;
  7. Members App: the Mom in Balance application that can be downloaded by the member.

Article 2. General

2.1.

These general terms and conditions apply to all memberships and each participation in a workout.

2.2.

Any deviations from these general terms and conditions will only be valid if agreed in writing or by email.

2.3.

If provisions that deviate from these general terms and conditions have been agreed on for certain topics, these general terms and conditions will continue to govern the remainder of the membership.

2.4.

If one or more provisions of these general terms and conditions are found to be invalid or void, the remaining provisions of these general terms and conditions will remain in full force and effect. The invalid or void provisions will be replaced by Mom in Balance, in which respect the purpose and scope of the original provision(s) will be observed as much as possible.

2.5.

Insofar as Mom in Balance does not always require strict compliance with these general terms and conditions, this will not mean that these provisions do not apply, or that Mom in Balance loses its right to require strict compliance with the provisions of these general terms and conditions in any other cases.

2.6.

Mom in Balance has the right to amend these general terms and conditions, and to declare the amended general terms and conditions applicable to the membership. The member will be informed of the amended general terms and conditions by email. If the amendment is to the detriment of the member, the member has the right to terminate the membership with effect from the day on which the amended general terms and conditions take effect.

Article 3. Offered services

3.1.

The offed services of Mom in Balance are non-binding.

3.2.

Discounts or special campaigns do not apply automatically to future subscriptions.

3.3.

Clear errors or mistakes in publications, email messages, or on the website will not be binding to Mom in Balance.

3.4.

The listed rates include VAT.

3.5.

The member discount for products in the Mom in Balance webshop is available exclusively to Mom in Balance members. The code received by the member during the membership may not be shared with third parties. The member discount cannot be transferred.

Article 4. Trial workout

4.1.

A person can attend up to 1 trial workout at Mom in Balance before becoming a member.

Article 5. Concluding a membership

5.1.

The membership will be concluded from the moment the member completes and submits the registration form.

5.2.

The membership can only be concluded through the website once the member has accepted these general terms and conditions.

Article 6. Right of revocation

6.1.

The member has the right to dissolve the membership within 14 days of its conclusion.

6.2.

If the member wants to make use of her right of revocation, the member must expressly inform Mom in Balance by email within 14 days of concluding the membership.

6.3.

In case of dissolution as set out in this article, Mom in Balance will refund any costs already paid by the member within 14 days of the date on which the member has exercised her right of revocation, unless a start was made with the implementation of the membership during the revocation period with the express permission of the member. In this case, the member must pay the membership fee pro rata the already implemented part.

Article 7. Membership, renewal, and termination

7.1.

The member can choose from the following 3 memberships types:

  1. A 1-month membership;
  2. A 12-month membership;
  3. An 18-month membership.

7.2.

The member can choose from the following workout types within the membership:

  1. Pregnant Workout;
  2. Back in Shape;
  3. Mpower.

7.3.

The member can switch to a different workout type within the membership.

7.4.

Once the duration of the membership has expired, the membership will be tacitly renewed for an indefinite period, unless the member has terminated the subscription in accordance with Article 7.5.

7.5.

The member can terminate the membership with effect from the end of the duration with due observance of a notice period of 1 month.

7.6.

The member can terminate the membership which has been renewed for an indefinite period at any time with due observance of a notice period of 1 month.

7.7.

Termination must take place by sending an email via the contactform in Member App.

7.8.

Once Mom in Balance has received the notice of termination from the member, Mom in Balance will send the member a confirmation of this termination by email.

7.9.

The same rates apply if a membership is renewed.

7.10

A member can switch from unlimited workouts to 1 class per week, and vice versa, during the agreed effective period of the membership. This change can take effect as of the 1st of each month.

7.11.

When a member concludes a new membership, a new effective period will start based on the associated rate and conditions. The member cannot claim any membership conditions which she enjoyed previously.

7.12.

The membership is personal and non-transferable.

Article 8. Freezing

8.1.

A membership can only be frozen based on extraordinary circumstances such as illness, injury, or pregnancy-related complaints. A freeze request can be submitted by sending an email via the contactform in Member App. The membership can be frozen up to 6 calendar months.

8.2.

A member cannot participate in workouts while the membership is frozen. No funds will be collected while the membership is frozen.

8.3.

The membership will be reactivated automatically after the agreed freeze period.

8.4.

The membership cannot be frozen during holidays. Workouts can be shifted during the effective period of the membership using the Mom in Balance Members App.

Article 9. 6-week recovery period from the due date

9.1.

The specified due date will be the date on which the 6-week childbirth freeze period of the Pregnant Workout starts. This will take place irrespective of the duration of the membership. No funds will be collected during the childbirth freeze period.

9.2.

If the date of delivery deviates from the due date, the member can indicate this by sending an email via the contactform in Member App. The 6-week recovery period will start on the specified date of delivery.

9.3.

The membership will be activated and converted from Pregnancy Workout into Back in Shape automatically once six weeks have expired after the start of the 6-week recovery period. Payments will also continue automatically from the moment of reactivation.

9.4.

The 6-week recovery period can be extended. This must take place no later than 2 days before the membership is reactivated and can be done by sending an email via the contactform in Member App.

Article 10. Payment conditions

10.1.

Payment will take place using direct debit. The membership fee will be charged to the IBAN specified by the member every month. The member gives permission for this by completing the registration form. The amount will be invoiced monthly by Mom in Balance at the end of each month. The amount will be charged pro rata if the membership starts or ends halfway through the month.

10.2.

If the amount due is not received on time, for example due to insufficient balance or a reversed charge, the member will receive a reminder that gives her the option to transfer the amount herself or to pay it by iDeal. Alternatively, Mom in Balance will attempt to collect the funds again after one month.

10.3.

The member will not be able to participate in Mom in Balance workouts as long as the payment obligation is not met (without a valid reason). Mom in Balance has the right to terminate the membership without this resulting in the expiry of the payment obligation in case of payment arrears and if the member fails to respond to a notice of default.

10.4.

If the member does not attend a workout for whatever reason, this will not release the member of her obligation to pay the membership fee, nor does it result in the right to any discount or refund of the membership fee.

Article 11. Workouts

11.1.

Mom in Balance reserves the right to change the workout times, place and programmes.

11.2.

The workout will only be cancelled in case of extremely poor weather or illness of the trainer, in which case a new opportunity to participate in the workout will be offered. If a workout does not take place, this will be indicated by email at least an hour before the start of the workout. Cancellation, merger, or relocation of a workout does not lead to a discount on the membership fee or a refund.

11.3.

The workouts take place throughout the year, except on the following public holidays: January 1st (New Year's Day), 1st and 2nd day of Easter, April 27th (King's Day), Ascension Day, 1st and 2nd day of Pentecost, December 5th, Christmas Eve, and December 25th and 26th (Christmas). Unless indicated otherwise by Mom in Balance, no workouts will take place on public holidays without this resulting in a discount on the membership fee or a refund.

11.4.

If the member is unable to participate in a workout, she must indicate this using the Members App. This is possible up to an hour before the start of the workout. The member will receive a credit when reporting her absence in case of a membership for one workout per week. The credit can be used to schedule a catch-up workout during the period of an active membership.

11.5.

The member cannot have more than 4 credits at a time. The member cannot schedule a catch-up workout using a credit if the member does not have an active membership. A credit will not expire. Credits are non-transferable.

Article 12. Rate changes

12.1.

Mom in Balance reserves the right to changes the rates during the effective period. The member will be informed of a price change at least 3 months in advance.

Article 13. Obligations of the member

13.1.

The details and information provided to Mom in Balance by the member must be complete and not contain any inaccuracies and/or falsehoods.

13.2.

If the member moves, the member must inform Mom in Balance of her new address as soon as possible.
13.3.

The member must wear suitable sportswear and sport shoes.

13.4.

The member must inform the trainer of any health issues before the start of the workout.

13.5.

The member declares that she is healthy and physically able to participate in the workout. If the member is not certain about this, she must first consult a physician before participating in the workout.

13.6.

The member must stop the workout in case of pain, illness and/or any disorders of which the member should reasonably understand that continuing the workout could be harmful to her health.

13.7.

The member will pay close attention to her body and follow the instructions of the trainer during the workout.

13.8.

The member is aware that participating in the workout can result in injuries and/or other complications without this resulting in an attributable shortcoming of Mom in Balance.

Article 14. Dissolution and suspension

14.1.

Mom in Balance has the right to dissolve or suspend the implementation of the membership if the member fails to observe the obligations arising from the membership and/or these general terms and conditions, and fails to comply with a notice of default. A notice of default is not required if fulfilment has become permanently impossible.

14.2.

Mom in Balance also has the right to terminate the membership if circumstances arise that make the implementation of the membership impossible, or if its implementation can no longer be expected in all reasonableness and fairness, or if other circumstances mean that unaltered continuation of the membership cannot reasonably be expected.

Article 15. Liability

15.1.

Mom in Balance cannot be held to pay compensation for any damage which is a direct or indirect result of:

  1. An event that is beyond its control and thus cannot be attributed to it, as inter alia defined in Article 16.2;
  2. Any act or failure of the member, such as, but certainly not limited to, not being in sufficient health or not being sufficiently fit, overestimating her own abilities, and ignoring instructions.

15.2.

Mom in Balance will not be liable for damage of any nature caused by the use of incorrect and/or incomplete data provided by or on behalf of the member.

15.3.

Participating in a workout will be solely at the risk of the member. The member is personally liable for all damage caused to herself or third parties during the workout. Mom in Balance can never be held liable for any injuries, fractures, or other physical or mental injury caused during the workout. The costs that arise from an accident or injury incurred during the workout will be borne fully by the member, unless the accident is caused by intent or gross negligence attributable to Mom in Balance.

15.4.

Mom in Balance can never be held liable for damage, loss, theft, or the disappearance of properties of the members at the location where the workout takes place.

15.5.

If Mom in Balance is held liable for any damage, this liability will be limited to the amount paid by its insurer. If the insurer refuses to provide payment, or if the damage is not covered by the insurance, the liability of Mom in Balance will be limited to the monthly membership fee paid by the member, insofar as this does not violate any mandatory legal provision.

Article 16. Force majeure

16.1.

Mom in Balance is not required to fulfil any obligation based on the membership if it is prevented from doing so due to force majeure.

16.2.

Force majeure includes any non-attributable shortcoming of hired third parties, virus infections and computer hacking by third parties, illness of the trainer, traffic interruptions, traffic accidents, weather influences, natural disasters, internet disruptions, power outage, fire, theft, government measures, as well as any other situations over which Mom in Balance cannot exert any (decisive) control.

Article 17. Personal data

17.1.

Mom in Balance processes personal data in accordance with the General Data Protection Regulation (GDPR). The member can consult the Mom in Balance privacy policy for more information about the processing of personal data by Mom in Balance, available at www.mominbalance.com/nederland/en/privacy-statement/.

Article 18. Applicable law and competent court

18.1.

All rights, obligations, offers, and memberships governed by these general terms and conditions will be exclusively subject to the laws of the Netherlands.

18.2.

All disputes between the member and Mom in Balance will be submitted to the competent court in the district where Mom in Balance is established. The member will have a period of one month to choose for settlement of the dispute in the court competent by law after Mom in Balance has invoked this clause vis-à-vis the member in writing.

Details of all Mom in Balance locations in the Netherlands

Mom in Balance BV

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Amsterdam

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Haaglanden

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Utrecht

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Haarlem

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Rotterdam

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Regio Amersfoort

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Arnhem

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Alkmaar

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Friesland

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance West-Friesland

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance regio Nijmegen

Wagenweg 146-150

2012 NK Haarlem

Chamber of Commerce: 60322799

 

Mom in Balance Den Bosch

Runstraat 7

5374 AA Schaijk

Chamber of Commerce: 55217850

 

Mom in Balance Het Gooi

Papaverstraat 14

1402 CW Bussum

Chamber of Commerce: 55775349

 

Mom in Balance regio Breda

Everdonk 12

4824 CB Breda

Chamber of Commerce: 64661814

 

Mom in Balance Zeist

Wilhelminalaan 69

3701 BH Zeist

Chamber of Commerce: 57048827

 

Mom in Balance regio Tilburg

Galjoenstraat 14

5017 CN Tilburg

Chamber of Commerce: 17251283

 

Mom in Balance Hoofddorp Duin & Bollenstreek

Irissenstraat 4

2161 XJ Lisse

Chamber of Commerce: 64904121

 

Mom in Balance Leiden

Hooglandse Kerkgracht 22

2312 HT Leiden

Chamber of Commerce: 58243755

 

Mom in Balance Eindhoven

Brouwerijdreef 68

5551 VC Eindhoven

Chamber of Commerce: 67350100

 

Mom in Balance regio Groningen

Zuurstukken 20

9761 KN Eelde

Chamber of Commerce: 59619031

 

Mom in Balance  Zaanstreek-Waterland

Igor Strawinskystraat 7

1544MC Zaandijk

Chamber of Commerce: 60049871

 

Mom in Balance Zwolle

Brederostraat 73

8023 AP Zwolle

Chamber of Commerce: 62007823

 

Mom in Balance regio Woerden

Gardameer 2

3446 JV Woerden

Chamber of Commerce: 64076946

 

Mom in Balance Enschede

Erve Zeggelt 7

7514 HA Enschede

Chamber of Commerce: 64904121

 

Mom in Balance regio Maastricht

Mergelweg 10

6212 XH Maastricht

Chamber of Commerce: 64919412