1 DEFINITIONS
In these general terms and conditions, the following definitions apply:
Double Shift
Trading name of The 1st Turn B.V., a private limited liability company, with its registered office in Amsterdam, with offices in 1016RP Amsterdam at Lauriergracht 102H and registered in the trade register under number 83603115;
Keycard
the electronic access card issued by Double Shift to each Member upon or after entering into a Membership Agreement with a fixed initial term;
Member
anyone who concludes an agreement with Double Shift in order to be able to use Double Shift's facilities;
Membership Agreement
the agreement between a Member and Double Shift, which is concluded in one of the ways described in Article 2.1 and of which these Membership Conditions form an integral part;
Membership conditions
the terms and conditions as set out in this document;
2 BECOMING A MEMBER AND MEMBERSHIP DURATION
2.1 A Membership Agreement is entered into at the moment that:
(a) the Member has completed all the requested information on the registration form and signed for approval; or
(b) the Member has completed all the requested information in the online registration form and has confirmed their approval.
2.2 In the even that a Member has entered a Membership Agreement online from a remote location and without having visited the gym before entering the agreement, a Membership Agreement may be revoked by a Member within fourteen (14) days after entering into it. If the 14th day falls on the weekend, or on a nationally recognised public holiday, the period of 14 days shall run until the end of the first following working day. This right to revoke does not apply if the Member enters the Membership Agreement at the gym or if they sign up remotely but have already visited the gym before in person (such visits including intakes, free day passes, week passes or visits through platforms such as OneFit or Classpass).
2.3 A Membership Agreement is entered into for (a) a fixed initial term of four (4) weeks, twelve (12) weeks or one (1) year, which fixed initial term is fixed upon entering into the Membership Agreement, or (b) is based a certain number of times access to Double Shift's facilities. A membership can start at any time.
2.4 At the end of the fixed initial term of a Membership Agreement, such Membership Agreement is tacitly renewed for an indefinite period of time.
3 Access and opening hours
3.1 Double Shift's facilities (with the exception of the reception and the bar area) are only accessible to Members. Double Shift reserves the right to deny a Member access to its facilities.
3.2 A Member must register every visit to Double Shift's facilities by means of (a) checking in with the GymAxess (or similar if changed by Double Shift) app or (b) registration at Double Shift's reception.
3.3 A Keycard is strictly personal, non-transferable and is in principle only issued once. Double Shift's Keycard and facilities may only be used by the Member to whom the relevant Keycard has been issued.
3.4 Double Shift's facilities are accessible during opening hours as shown from time to time on www.double-shift.com.
3.5 Double Shift is at all times entitled to change its opening hours and class schedules, to cancel group lessons or to (temporarily) close parts of its facilities for maintenance or otherwise. In such a case, a Member is not entitled to a reduction or refund of membership fees.
4 RENUMERATION
4.1 Each Member shall owe Double Shift a fee for the use of Double Shift's facilities, which fee shall be payable in accordance with Article 5. The applicable fee payable is:
(a) for the fixed initial term of the membership, agreed upon when entering into the Membership Agreement;
(b) for the period following the end of the fixed initial term of membership: the applicable fee for a monthly cancelable membership as shown on www.double-shift.com;
(c) for a membership that entitles you to a certain number of accesses to Double Shift's facilities, the fee is agreed upon when entering into the Membership Agreement.
4.2 Double Shift reserves the right to index and change its prices and rates. At least one (1) month before a price change, the Members will be notified. If a price change takes place, a Member has the right to terminate the Membership Agreement within one (1) month after the announcement. A Member is not entitled to terminate the Membership Agreement prematurely if the price adjustment is based on the change in the price index figure for household consumption or on adjustments resulting from the law. However, if this last price adjustment takes place within three (3) months after acceptance of the Membership Agreement, then the right to terminate exists.
5 PAYMENT AND REFUND
5.1 The agreed fee for the use of Double Shift's facilities must be paid to Double Shift on a 4 weekly basis (and prior to the use of Double Shift's facilities). The first latest payment date of the subscription fee is the membership effective date. The next payment date is always 4 weeks after the previous payment date.
5.2 Payment must be made by either SEPA direct debit instruction of a standing order on the member’s credit card. The Member authorizes Double Shift to collect the agreed payments from their bank account or credit card. The Member is obliged to ensure sufficient balance in their bank account or credit card.
5.3 Contrary to the foregoing, a membership that entitles members to a fixed number of entries to Double Shift's facilities must be paid in full when entering the contract by means of debit or credit card payment.
5.4 Payments already made by Member will not be refunded for any reason whatsoever, unless there is a valid withdrawal by the Member in accordance with Article 2.2.
5.5 If the compensation due by the Member is not received by Double Shift no later than the relevant payment date, Double Shift is entitled to deny the Member concerned access to Double Shift's facilities. If, after the first payment reminder, the Member in question still does not meet the payment obligation, the Member is in default and the statutory collection costs of at least € 40 will be charged. From that moment on, Double Shift is entitled to hand over the entire claim for collection. In addition, from the date of liability, statutory interest will be charged on the principal sum.
6 CONSUMPTIONS ON ACCOUNT
Double Shift may (but is not obliged) to offer certain Members the possibility to charge their consumptions at the time of purchase to their account with Double Shift and pay their account balance afterwards by means of SEPA direct debit or credit/debit collection, in which case article 5 applies accordingly.
7 CHANGE OF MEMBERSHIP FORM
7.1 If (a) a Member wishes to switch to another form of membership and (b) the relevant new membership form is equal in price or higher than the current membership form, such Member may at any time switch to such new membership form with effect from the next payment date. In mutual consultation and against payment of the pro rata difference between the current subscription form and the new subscription form, the new subscription form can also take effect before the start of the next payment date.
7.2 If (ii) a Member wishes to switch to another form of membership and (ii) the new membership form in question is lower in price than the current membership form, such Member may:
(a) during the initial term of their Membership Agreement, switch to such new membership form at the end of the initial term; or
(b) at the end of the initial term of their Membership Agreement, switch to such new membership form with effect from the next payment date.
8 TERMINATION, RELOCATION AND TEMPORARY CESSATION OF MEMBERSHIP
8.1 Other than in accordance with Article 8.4 or 8.5, a Member may only terminate their contract with an effective termination date falling on or after the last day of the fixed initial term of their contract. Notice of termination must in all cases be given minimum one (1) month prior to the desired termination date.
8.2 A membership that entitles you to a certain number of accesses to Double Shift's facilities cannot be cancelled.
8.3 A Member may terminate their Membership Agreement by email to [email protected].
8.4 In the event of long-term illness, long-term injury and/or pregnancy of the Member, a Member may temporarily terminate their membership with a fixed initial term – after consultation and presentation of a written doctor's statement – with effect from the next payment date. The end date of the membership will then be extended by the period of termination. A Membership may be terminated for up to 12 weeks.
8.5 If a Member lives in Amsterdam and moves outside Amsterdam, a Member can terminate their membership with a fixed initial term – after consultation and presentation of proof thereof – in the interim with effect from the next payment date. In such a case, the Member concerned and Double Shift shall bear the costs due for the remainder of the term of the membership (as applicable) in equal parts.
8.6 In the event of absence due to holidays of seven (7) or more days, a Member may temporarily terminate their membership with a fixed initial term of 1 year with a maximum of four (4) weeks per year. The end date of the membership will then be extended by the period of termination. The possibility of temporary termination due to holidays doesn't apply for memberships with a term of less than 1 year.
8.7 The validity of a membership that only entitles you to use Double Shift's facilities a certain number of times (a so-called ride card) ends six (6) months after the start of that membership.
9 PERSONAL TRAINING SUBSCRIPTIONS
9.1 If a fixed number of personal training sessions is part of the Membership Agreement, the agreed fixed number of personal training sessions will be awarded as 'credits' to the Member at the beginning of each payment period. Each 'credit' is valid for six (6) weeks after it has been granted, after which the relevant 'credit(s)' will expire. Expiration of a 'credit' will be determined on the basis of the 'first in / first out' principle. Unused or expired 'credits' do not entitle members to a refund or reduction of the fee due for this.
9.2 One 'credit' entitles you to one personal training session of 60 minutes by a personal trainer to be appointed by Double Shift, whereby the preference of a Member will be explicitly taken into account.
9.3 The date and time of a personal training session will be agreed in consultation with the relevant personal trainer.
10 HOUSE RULES
10.1 Each Member must comply with Double Shift's applicable house rules during their membership. Double Shift is entitled to change the house rules from time to time.
10.2 Double Shift has the right to terminate the Membership Agreement with immediate effect if (a) the Member is guilty of unacceptable behaviour (including noisy behaviour and inappropriate language), (b) the Member persistently violates Double Shift's house rules or (c) a third party uses that Member's Keycard as a result of any omission by or with the knowledge of the Member concerned.
10.3 Scheduled personal training sessions can be cancelled up to 24 hours before the start, while retaining the 'credit'. If a personal training session is cancelled less than 24 hours before the start of the session, a 'credit' will be debited from the membership. Scheduled group lessons can be cancelled up to 8 hours before the start.
11 RISK AND LIABILITY
11.1 Practicing sports can involve risks. The use of Double Shift's facilities in any way whatsoever is entirely at the Member's own expense and risk. A Member shall comply with all reasonable instructions given by Double Shift staff.
11.2 A Member is obliged to report their physical condition (such as injuries, illnesses and/or other physical conditions) both before, during and after any training supervised by a trainer and to provide all information that the Member should reasonably understand is necessary for doing exercises.
11.3 Double Shift and its directors, employees and other auxiliary persons are not liable for (a) material or immaterial damage resulting from accident or injury of a Member and/or third parties in any way whatsoever arising and/or (b) damage, loss or theft of property of a Member and/or third parties.
12 PERSONAL DATA AND PRIVACY POLICY
12.1 Double Shift processes your personal data for various purposes and in accordance with the Personal Data Protection Act. For more information about the processing of your personal data, please consult the Privacy Statement on our website (www.double-shift.com).
13 OTHER PROVISIONS
13.1 Unless expressly agreed otherwise in writing, the registration form completed by the Member and these Membership Terms and Conditions together constitute the full representation of the rights and obligations of Double Shift and the Member concerned and supersede all previous written and oral announcements, offers, agreements and all other correspondence.
13.2 These Membership Conditions have also been drawn up for the benefit of Double Shift's directors, employees and other auxiliary persons. The aforementioned persons may rely on these Membership Conditions as an irrevocable third-party clause free of charge.
13.3 Deviations from these Membership Conditions are only valid if they have been expressly agreed in writing.
14 MODIFICATION OF MEMBERSHIP CONDITIONS
Double Shift is entitled to change these Membership Terms from time to time. The membership conditions that may have been amended apply to new members and to members whose membership is renewed (tacitly or not). With regard to Membership Agreements for an indefinite period, Double Shift is entitled to change the Membership Conditions on the understanding that the change will be announced in writing at least three (3) months before the entry into force.
15 APPLICABLE LAW AND COMPETENT COURT
15.1 The Membership Agreement and all agreements entered into by or with Double Shift are exclusively governed by Dutch law.
15.2 Disputes arising from the agreement between a Member and Double Shift or otherwise will be settled exclusively by the courts of Amsterdam.
16 FINALLY
These Membership Terms are effective as of 1 June 2023.
