GENERAL TERMS AND CONDITIONS – WILDHEARTS TRAINING CLUB

Last updated: 18 November 2024

 

1. Wildhearts' Details

• Name: Wildhearts Training Club

• Address: Bredestraat 151, 3011 ND Rotterdam, The Netherlands

• Email: team@wildheartstrainingclub.com

• Telephone: +31 6 33976698

• Chamber of Commerce (KvK) number: 55408672

• VAT number: NL001791529B40

 

In these General Terms and Conditions, Wildhearts Training Club is hereinafter referred to as “Wildhearts”.

 

2. Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

• Member: the natural person who enters into an agreement with Wildhearts.

• Agreement: any agreement between Wildhearts and the Member relating to a Membership, Class Pass, Trial Class, Intro Pack or other service.

• Membership: an agreement under which the Member may use the Wildhearts services included in the selected Membership for the agreed period.

• Class Pass: a one-time purchase of a specified number of Credits with a predetermined validity period.

• Credit: a personal credit that can be used to book a Class, Open Gym or Open Rack session, insofar as this is permitted under the relevant product.

• Member Portal: the Wildhearts app and/or online platform through which Members can manage, among other things, bookings, Credits, payments and their Membership.

• Minimum Term: the initial contractual period of 3 or 12 months for which the Member enters into the Membership.

• House Rules: the current general and specific rules regarding the use and safety of Wildhearts' facilities, including the rules applicable to Open Gym and Open Rack.

 

3. Applicability

• These General Terms and Conditions apply to all Agreements between Wildhearts and its Members, including Memberships, Class Passes, Trial Classes, Intro Packs and other services offered by Wildhearts.

• By entering into an Agreement, the Member confirms that they have had the opportunity to review these General Terms and Conditions and agrees to be bound by them.

• The specific price, content, number of Credits, validity period and any additional conditions applicable to a product are stated in the relevant offer on the website, in the Member Portal and/or during the purchase process.

• Any deviation from these General Terms and Conditions is valid only if agreed in writing between Wildhearts and the Member.

 

4. Formation of the Agreement

• The Agreement is concluded once the Member purchases a Membership, Class Pass or other paid service and the Agreement has been confirmed by Wildhearts.

• The Member is responsible for providing and maintaining accurate personal and payment details.

• An account, Membership and associated Credits are personal and may not be used by third parties without Wildhearts' permission.

 

5. Right of Withdrawal for Online Purchases

• Where a consumer enters into an Agreement with Wildhearts online or otherwise at a distance, the statutory right of withdrawal applies insofar as required by law.

• The Member may withdraw from the Agreement within 14 days of entering into the Agreement without providing a reason. The option to exercise the right of withdrawal will be made available through the online system during this period.

• If the Member expressly requests that the services commence during the statutory withdrawal period, Wildhearts may, upon withdrawal, charge a proportionate amount for services already used up to the time of withdrawal, provided that the applicable statutory requirements have been met.

 

6. Memberships

• Wildhearts offers various Memberships with a Minimum Term of 3 or 12 months.

• The price, number of Credits, access to facilities and other features of each Membership are stated in the relevant offer.

• Memberships are paid monthly by direct debit.

• The Minimum Term starts on the agreed activation date.

• During the Minimum Term, the Membership cannot ordinarily be terminated early without cost, unless otherwise provided by law, these General Terms and Conditions or a separate written agreement.

 

7. Start Date and Payment

• The Membership starts on the selected activation date.

• If the Membership starts during a calendar month, the first payment will be calculated pro rata for the remaining part of that calendar month.

• Thereafter, the regular monthly Membership fee will be collected automatically.

• The Member is responsible for ensuring sufficient funds and providing valid payment details.

• Cancelling, blocking or reversing a direct debit does not constitute cancellation of the Membership and does not terminate the Member's payment obligations.

 

8. Term, Renewal and Cancellation

• 8.1 Minimum Term

  • The Membership has a Minimum Term of 3 or 12 months, depending on the selected product.

  • During this Minimum Term, the Member remains responsible for the agreed payment obligations unless there is a statutory or contractual basis for earlier termination.

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• 8.2 Continuation after the Minimum Term

  • Following the Minimum Term, the Membership automatically continues for an indefinite period unless cancelled by the Member.

  • After the Minimum Term, the Member may cancel the Membership at any time, subject to a notice period of no more than one month from the date of cancellation.

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• 8.3 Cancelling a Membership

  • The Member can easily cancel their Membership through the Wildhearts app.

  • The Member may also cancel by any other method that Wildhearts is required to accept under applicable law.

  • Once the cancellation has been processed, the end date of the Membership will be confirmed.

  • No longer attending training sessions, no longer making bookings, deleting the app or stopping the direct debit does not constitute cancellation.

 

9. Changing a Membership

• A Membership with a 3-month Minimum Term may be upgraded or downgraded, subject to availability of the requested Membership.

• A Membership with a 12-month Minimum Term may only be upgraded during the Minimum Term.

• After the Minimum Term, the Membership may be upgraded or downgraded to an available Membership.

• A change to the Membership does not alter the existing Minimum Term or end date unless Wildhearts and the Member expressly agree to a new Minimum Term.

• The effective date and any financial consequences of the change will be confirmed to the Member.

 

10. Temporarily Pausing a Membership

• A Membership cannot be paused due to holidays, travel, work, study or other personal circumstances.

• In the event of an injury or pregnancy, Wildhearts may, in consultation with the Member, allow the Membership to be temporarily paused. In the case of an injury, Wildhearts may request appropriate documentation demonstrating that the Member is temporarily unable to train.

• A pause will initially be granted for a maximum period of 3 months. Depending on the reason and circumstances, a different or longer pause period may be agreed in writing.

• During an approved pause, the Membership is temporarily suspended. The Minimum Term and end date of the Membership are automatically extended by the duration of the pause.

• The Membership automatically resumes at the end of the agreed pause period.

• Direct debits are processed automatically by the software system. As a result, an amount may still be collected during or around the processing of a pause. Any amount relating to the approved pause period will be credited or offset once the Membership becomes active again.

 

11. Credits

• Credits are personal, non-transferable and cannot be exchanged for cash.

• Credits may be used for regular Classes, Open Gym and Open Rack insofar as these services are included in the selected Membership.

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• 11.1 Membership with a 3-month Minimum Term

  • The Credits included in the Membership are made available monthly.

  • These Credits remain valid until the end of the relevant calendar month. Unused Credits expire thereafter and cannot be carried over to the following month.

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• 11.2 Membership with a 12-month Minimum Term

  • The Credits included in the Membership are released weekly.

  • Each released Credit remains valid for 4 weeks. After this period, the Credit expires.

  • Expired or unused Credits do not entitle the Member to a refund or replacement Credits.

 

12. Class Passes

• A Class Pass is a one-time purchase and does not renew automatically.

• The number of Credits, price and validity period are stated at the time of purchase.

• Credits included in a Class Pass are personal, non-transferable and cannot be exchanged for cash.

• Unused Credits automatically expire at the end of the validity period stated at the time of purchase and do not entitle the Member to a refund.

• A Class Pass cannot be paused and its validity period cannot be extended.

• Purchasing a new Class Pass does not extend the validity period of Credits from a previously purchased Class Pass.

 

13. Trial Classes, Intro Packs and Temporary Products

• Trial Classes, Intro Packs and other introductory or temporary products are subject to the price, number of Credits and validity period stated at the time of purchase.

• These products and their associated Credits are personal and non-transferable.

• Unused Credits expire at the end of the stated validity period.

• Introductory products do not automatically convert into a Membership unless expressly agreed in advance.

• Wildhearts may apply additional conditions to individual introductory products, including eligibility requirements.

 

14. Booking Classes and Facilities

• Participation in Classes, Open Gym and Open Rack is subject to availability.

• Bookings are made through the Member Portal.

• A booking is final once it has been confirmed in the system.

• If a Class is full, the Member may join the waiting list where available.

• A Membership, Class Pass or other product does not guarantee availability of any specific Class, coach, day or time.

 

15. Cancellations and No-Shows

• A booked Class may be cancelled up to 4 hours before the start time without losing the Credit used for the booking.

• If a booking is cancelled within 4 hours of the start time, the Credit will be forfeited.

• In the event of a no-show, the Credit will also be forfeited.

• If a Member wishes to change a booking to another Class on the same day within the 4-hour cancellation window, they may contact Wildhearts. Such a change is only possible subject to availability and approval by Wildhearts.

• Wildhearts may take appropriate measures in the event of repeated no-shows or misuse of the booking system.

 

16. Schedule, Opening Hours and Services

• The current Class schedule and opening hours are published on the website and/or in the Member Portal.

• Wildhearts may adjust the Class schedule, opening hours, coaches and the content or structure of Classes where reasonably necessary for operational purposes.

• An occasional change or cancellation of a Class, coach or Class time does not in itself entitle the Member to a refund, compensation or termination of the Membership.

• Where the agreed services are changed substantially and on a structural basis, the Member's statutory rights remain unaffected.

 

17. Prices and Price Changes

• All consumer prices include applicable VAT.

• Wildhearts may periodically adjust or index its rates, insofar as this has been agreed in advance and is permitted by law.

• Price changes will be communicated to the Member in advance.

• Where a price change may not lawfully be applied during an ongoing Minimum Term, or may only be applied subject to additional requirements, the agreed price will remain in effect until the change can lawfully be applied.

• Price changes resulting directly from changes in taxes or other statutory charges may be passed on insofar as permitted by law.

 

18. Late or Failed Payments

• If a payment cannot be collected or is not paid on time, Wildhearts may send the Member a payment reminder.

• The Member will be given the period required by law to pay the outstanding amount.

• If payment remains outstanding thereafter, Wildhearts may charge statutory interest and extrajudicial collection costs insofar as permitted by law.

• In the event of payment arrears, Wildhearts may temporarily suspend the Member's access to Classes and facilities.

• Payment arrears or a temporary suspension of access do not release the Member from their payment obligations under the Agreement.

• Wildhearts may terminate the Agreement if the Member fails to meet their payment obligations after having been properly given notice of default.

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19. House Rules and Additional Rules of Use

• The current Wildhearts House Rules apply to the use of the premises, facilities, Classes, Open Gym and Open Rack.

• Open Gym and Open Rack are also subject to specific rules regarding use, access and safety.

• The current House Rules and additional rules are available through the website, Member Portal and/or at the premises.

• Members are required to comply with the House Rules and reasonable instructions from Wildhearts coaches and staff.

• Wildhearts may amend the House Rules where reasonably necessary for safety, hygiene, operational purposes, prevention of nuisance or responsible use of the premises.

• Amendments to the House Rules will not be used to unilaterally change essential contractual rights or obligations of the Member.

• Serious or repeated breaches of the House Rules may result in a warning, temporary suspension of access or, where justified by the circumstances, termination of the Agreement.

 

20. Health and Safety

• Participation in sport and training involves physical exertion and inherent risks.

• The Member is responsible for participating within their own capabilities.

• Members are requested to inform the coach before training of any relevant injuries, physical limitations or other circumstances that may affect their ability to participate safely.

• Coaches may modify exercises where they consider this necessary or appropriate in their professional judgement.

• Wildhearts may refuse participation in a training session or use of a facility where this is reasonably considered necessary for the safety of the Member or others.

• Training under the influence of alcohol, drugs or other substances that may affect safe participation is prohibited.

 

21. Damage and Liability

• The Member is liable for damage caused intentionally or through culpably careless conduct to property belonging to Wildhearts or third parties.

• Wildhearts is liable for damage to the extent that such liability arises under applicable law.

• Nothing in these General Terms and Conditions is intended to exclude or limit liability where such exclusion or limitation is not permitted by law.

• Wildhearts is not liable for damage resulting solely from failure to follow reasonable safety instructions or manifestly improper use of equipment, insofar as such limitation is permitted by law.

• Wildhearts is not liable for loss, theft or damage to unattended personal belongings, except where liability cannot be excluded under applicable law.

 

22. CCTV

• CCTV may be used in and around the premises for safety, security of persons and property, and monitoring access to the premises.

• CCTV is used in accordance with applicable privacy legislation and the Wildhearts Privacy Policy.

 

23. Privacy and Personal Data

• Wildhearts processes personal data in accordance with the General Data Protection Regulation (GDPR) and its Privacy Policy.

• The current Privacy Policy is available on the Wildhearts website.

 

24. Photos and Videos

• Photos and videos may be taken during Classes, events and other activities.

• Wildhearts will process identifiable images used for marketing or promotional purposes in accordance with applicable privacy legislation.

• Where consent is required for a particular use, consent will be requested separately. Consent may be withdrawn for future use in accordance with applicable privacy legislation.

• Acceptance of these General Terms and Conditions does not in itself constitute consent to all promotional use of identifiable images.

 

25. Communication

• Wildhearts may communicate important information regarding Memberships, payments, bookings, safety, opening hours and services by email, through the Member Portal or via other contact details provided by the Member.

• The Member is responsible for keeping their contact details up to date.

• Commercial communications and newsletters are subject to applicable legal requirements and unsubscribe options.

 

26. Promotions and Offers

• Promotions, discounts and temporary offers may be subject to additional promotional terms.

• These terms will be communicated with the relevant offer.

• Discounts and offers cannot be combined unless expressly stated otherwise.

• Wildhearts may amend or discontinue promotions for future purchases. Agreements already concluded remain subject to the terms applicable when the Agreement was entered into.

 

27. Force Majeure

• Force majeure means circumstances outside Wildhearts' reasonable control that temporarily prevent Wildhearts from performing some or all of its obligations.

• Such circumstances may include government measures, serious technical failures, fire, natural disasters, pandemics or other exceptional circumstances.

• Where reasonably possible, Wildhearts will attempt to provide a suitable alternative.

• If the agreed services cannot be provided to a substantial extent for an extended period, the Member's statutory rights remain unaffected.

 

28. Complaints

• Complaints may be submitted to team@wildheartstrainingclub.com.

• Wildhearts aims to respond to complaints within 14 days of receipt.

• If more time is required, the Member will be informed and provided with an indication of the expected further processing time.

• Wildhearts and the Member will initially attempt to resolve any dispute by mutual consultation.

 

29. Amendments to these General Terms and Conditions

• Wildhearts may amend these General Terms and Conditions where there is a reasonable basis for doing so and insofar as permitted by law.

• Amendments will be communicated to Members in an appropriate manner.

• Amendments that apply exclusively to future Agreements will take effect from the stated effective date.

• Amendments to existing Agreements will only apply insofar as and from the time permitted by law.

• If an amendment cannot lawfully be applied to an existing Agreement, the previous terms will continue to apply to that Agreement.

 

30. Governing Law and Disputes

• All Agreements with Wildhearts are governed by Dutch law.

• Disputes will be submitted to the court having jurisdiction under applicable law, unless the parties resolve the dispute by mutual agreement or through another competent dispute resolution procedure.

 

31. Final Provisions

• If any provision of these General Terms and Conditions is found to be void, voidable or otherwise unenforceable, the remaining provisions will remain in full force and effect.

• Where necessary, the relevant provision will be replaced by a legally valid provision that reflects the purpose and intent of the original provision as closely as possible.

• The most recent version of these General Terms and Conditions is available on the Wildhearts Training Club website.​​