CONTENTS
1. Definitions
2. Application
3. Participant agreement
4. Packages
5. Memberships
6. Rates & payments
7. Bookings & cancellations
8. Liability
9. Privacy
10. Website
11. Complaints
12. Final resolutions
Upclub ROW
General terms and conditions
(version May 2025)
In this document you will find the general terms and conditions of Upclub ROW (hereinafter referred to as “Upclub”). Do you participate in our workouts? Then we recommend that you read these terms and conditions carefully.
Upclub
You are currently reading the terms and conditions of Upclub. Upclub is a boutique gym where (offline and online) group Workouts are given around the rowing machine. The company is driven by BT Sports Concepts B.V.
Upclub ROW
Stadhouderskade 155
1074 BC Amsterdam
info@upclubstudios.com
www.upclubstudios.com
020 845 69 94
BT Sports Concepts B.V.
Chamber of Commerce: 73092894
Prinsengracht 204-3
1016 HD Amsterdam
info@upclubstudios.com
Introduction
We recommend that you read these terms and conditions carefully. Together they describe the rights and obligations of Upclub and of you as a participant in our Workouts. We may amend these terms and conditions. The most recent version can always be found on our website: https://upclubstudios.com/general-terms-conditions. We advise you to come back every now and then and see if there is a new version.
1. Definitions
Upclub
See above under the heading Upclub.
Participant
Anyone who has a Participation Agreement with Upclub.
Participation agreement
The agreement between Upclub and a Participant. This agreement is a framework agreement. Under the terms of this framework agreement, Packages and Memberships can be purchased. If such a Package or Membership ends, the Membership Agreement will continue unless (also) it is terminated.
Package
A package entitles the Participant to participate in a certain number of Workouts within the agreed period of validity. It can be (among others) a Drop-in class, an Intro Deal, a 5-Pack, a 10-Pack or a 20-Pack.
Membership
A membership entitles the Participant to participate in a (certain or unlimited) number of Workouts per cycle of four (4) weeks.
Workout
Each (individual or group) lesson given by or on behalf of Upclub. This Workout can take place online, in the studio or elsewhere.
2. Application
2.1 – These General Terms and Conditions apply to all legal relationships between Upclub and each Participant.
2.2 – All provisions of these General Terms and Conditions have also been drawn up for the benefit of all directors of Upclub and all persons working for Upclub and/or engaged by Upclub.
2.3 – Deviations from these General Terms and Conditions shall only be valid if such deviations have been expressly agreed and recorded in writing.
2.4 – Upclub may amend these General Terms and Conditions from time to time. The latest version shall always be the applicable version and shall always be available on the Upclub website. Upon request, a copy of the General Terms and Conditions shall be provided free of charge.
3. Participation Agreement
3.1 – The agreement between the Participant and Upclub (the Participation Agreement) comes into effect when the Participant has registered using the online form (1) and/or made use of Upclub’s fitness facilities (2).
3.2 – If a Participant purchases a Package or Membership, this is done under the terms of the Participation Agreement.
3.3 – A Participation Agreement is entered into for an indefinite period of time and is terminable in the interim in accordance with articles 3.6 and 3.7 of these General Terms and Conditions.
3.4 – If a Participant has entered into a Participation Agreement with Upclub, the Participant is entitled to revoke the Participation Agreement for a period of 14 (fourteen) days.
3.5 – If the Participant revokes the Participation Agreement in accordance with Article 3.4, the Participant will be refunded all payments made by the Participant to Upclub, unless the Participant has already followed a Workout or otherwise used the facilities of Upclub.
3.6 – Participant may terminate the Participation Agreement at any time by sending an e-mail to info@upclubstudios.com. This also terminates any Membership, with effect from the date on which this is possible in accordance with Article 5 of these General Terms and Conditions.
3.7 – Upclub may terminate a Participation Agreement at any time with immediate effect, which will also terminate any Membership. Within 14 days after termination, payments made will be refunded in proportion to the Workout not yet completed. There will be no refund if the Participation Agreement is terminated due to inadmissible behaviour of the Member or if the period of validity of a Package had expired.
3.8 – After the Participant Agreement has ended, the Participant can no longer join Workouts and otherwise the Participant can no longer use the facilities of Upclub.
4. Packages
4.1 – The packages offered by Upclub are listed on the Upclub website.
4.2 – Each package entitles the Participant to participate in the corresponding number and type of Workouts (excluding Personal Trainings), subject to the other provisions of these General Terms and Conditions.
4.3 – The Workouts must be booked and followed within the following period of validity:
- Intro Deal: 2 weeks
- Drop-in workout: 2 weeks
- 5 Pack: 2 months
- 10 Pack: 6 months
- 20 Pack: 12 months
4.4 – The validity period begins on the day of the purchase of the Package. Upon expiry of the period of validity of a Package, any remaining claims of the Participant for one or more Workouts will lapse. There will be no refund.
4.5 – For any (temporary) action packages, a different period of validity applies. For this, please refer to the then applicable action conditions.
4.6 – With the exception of the Intro Deal and the 5 Pack, it is not possible to share Packages. These are strictly personal.
4.7 – In consultation with Upclub, a Participant may transfer his/her package to a third party, provided there is a Participation Agreement between this third party and Upclub. In the event of transfer, the Workout Courses to which a right still exists must be booked and followed within the remaining period of validity.
4.8 – Upclub does not guarantee the availability of the Workouts. Participation always takes place on the basis of availability.
5. Memberships
5.1 – The Memberships offered by Upclub are listed on the Upclub website. The Memberships entitle the Participant to participate in the relevant number and type of Workouts in the respective month, during the term of the Membership, subject to the other provisions of these General Terms and Conditions.
5.2 – The minimum term for all Memberships is three (3) cycles of 4 weeks. The effective date of Membership shall be the date of purchase. As soon as the term of Membership has expired, it will be automatically renewed, always for cycles of four (4) calendar weeks, unless the Member terminates the Membership in writing by sending an email to info@upclubstudios.com.This email must be received no later than two (2) weeks prior to the time of the next renewal.
5.3 – Each Membership is strictly personal and non-transferable.
5.4 – Each Membership can be paused by the member one time every 6 months with a minimum of 1 week and a maximum of 1 month.
6. Prices & Payments
6.1 – The current prices of Packages and Memberships are listed on the Upclub website.
6.2 – Upclub reserves the right to change its prices. Such a price change has no effect on purchased Packages. Participants with a current Membership will be informed of the price change by email. The price change will be implemented at the next renewal of the Membership after the expiration of a period of fourteen (14) days.
6.3 – Payment for the Memberships must in all cases be made by credit card or SEPA authorization. Other payments can also be made via IDEAL (online) or with PIN (in the studio).
6.4 – No rights can be derived from actions or special offers before or after the event. These have no effect on current Memberships and Packages.
6.5 – If the facilities of Upclub can not or not fully be used due to circumstances beyond the control of Upclub, the costs owed by the Participant for the use of the facilities of Upclub will not be refunded.
7. Booking & Cancellation
7.1 – Prior to a Workout a Participant must book a spot via the online booking system, by telephone or in the studio. Without booking there is no right to participate in a Workout.
7.2 – A Participant can cancel a booking for a Workout free of charge up to twelve (12) hours before the start of the Workout. If a Participant does not cancel his/her booking on time, his/her entitlement to a Workout lapses.
7.3 – If a Participant has an Unlimited membership and does not cancel in time or does not appear (or does not appear on time) after a placed booking, Upclub may impose a no-show fee of €10 per Participant.
7.4 – Upclub is entitled to make interim changes to the schedule of planned Workouts without giving any reason(s). The current schedule can be found on the Upclub website.
7.5 – Upclub reserves the right to cancel planned Workouts. Any bookings already made will then lapse and the Participant’s claims based on a Package or Membership will be retained.
7.6 – Upclub reserves the right to use another instructor than a previously announced instructor. In this case there will be no restitution of (claims to) Workouts.
7.7 – Upclub reserves the right o change the location where the workouts are given, provided that this location is no further than 1 km as the crow flies from the current location (Stadhouderskade 155 in Amsterdam) and this is announced minimal 1 month in advance.
7.8 – Extraordinary circumstances always constitute force majeure for Upclub and relieve Upclub of its obligations. In case of permanent force majeure, Upclub shall be released from its obligation to comply with the Participation Agreement (including purchased Packages and/or Memberships).
7.9 – If a Participant causes nuisance or inconvenience to the instructor or other participants, Upclub may exclude them from the Workouts. All resulting costs will be borne by the Participant.
8. Liability
8.1 – Participation in the Workout and use of the facilities of Upclub is entirely at the Participant’s own expense and risk.
8.2 – The Participant is obliged to report his or her physical condition such as injuries, illnesses and/or other physical conditions and/or to provide information which the Participant should reasonably understand to be relevant to the performance of exercises, both before, during and after a Workout. Participant is responsible for reporting this information.
8.3 – Upclub is not liable for any material and/or immaterial damage as a result of an accident or injury/injury of the Participant and/or third parties.
8.4 – Upclub accepts no liability for damage to and loss or theft of property of the Participant and/or third parties.
8.5 – The Participant is liable for damage caused to property of Upclub, if this damage is the result of negligence and/or fault of the Participant. The Participant indemnifies Upclub against damage caused to third parties for which Upclub is held liable.
8.6 – The exclusions and limitations of liability mentioned in this Article shall also be stipulated for and on behalf of the management and subordinates of Upclub and any other person whose assistance Upclub makes use of in the performance of the Participation Agreement.
9. Privacy
9.1 – Every Participant is aware of the Privacy statement as published on the website: https://upclubstudios.com/privacy-statement. By agreeing to these General Terms and Conditions, the Participant also agrees to the aforementioned Privacy statement.
10. Website
10.1 – The information provided on the Upclub website (with the exception of these General Terms and Conditions) is for general information purposes only.
10.2 – Although Upclub exercises the greatest possible care in compiling and maintaining its website, Upclub cannot guarantee that the information provided is complete, current and/or accurate. The Participant hereby unconditionally and irrevocably waives its right to compensation for any direct or indirect damage caused, arising or to be caused by information on the website, unless Upclub is guilty of intent or equivalent gross negligence.
10.3 – The websites of third parties to which hyperlinks are included on the Website shall not be checked, created and/or maintained by Upclub. Upclub therefore accepts no liability whatsoever for the content of these linked websites.
10.4 – The Upclub website and its contents are protected by copyright, trademark law and other intellectual property rights. No part of this website or its content may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of Upclub.
11. Complaints
11.1 – A Participant must report a complaint regarding any performance of Upclub to Upclub as soon as possible after the defect or damage has been discovered, and at the latest within fourteen (14) days after the Participant has discovered the defect or damage. The complaint shall either be submitted in writing to Upclub (address above) or by e-mail: info@upclubstudios.nl.
11.2 – The complaint must be fully and clearly described and provided with any means of proof.
11.3 – Upclub will respond to the complaint submitted by the Participant as soon as possible, but no later than four (4) weeks from the date of receipt. If Upclub expects to require a longer period of time to process the complaint, it shall immediately inform the Participant of this by e-mail after it has noted this.
12. Final provisions
12.1 – These General Terms and Conditions are effective from 1 May 2020.
12.2 – Deviations from these General Terms and Conditions are only possible if confirmed in writing by Upclub.
12.3 – In the event that any provision of these General Terms and Conditions is null and void or may be nullified, this shall not affect the validity of the remaining provisions. Upclub and the Participant will then consult in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provision.
12.4 – Every legal relationship with Upclub is governed by Dutch law. All disputes between Participant and Upclub that may arise as a result of or in connection with the Agreement shall be settled by the District Court of Amsterdam to the exclusion of all others.
