Terms and Conditions

General Terms and Conditions APEX

1. General

a) These general terms and conditions apply to all members and visitors of the fitness locations that fall under APEX Group B.V., namely APEX Fitness Club B.V. and APEX Almelo B.V. (hereinafter individually and collectively referred to as “the gym”).
b) By becoming a member of the gym, the member agrees to these general terms and conditions.

2. Membership

a) Membership is personal and non-transferable.
b) Members must be at least 16 years old. Minors (16–18 years) must provide written permission from a parent or guardian.
c) Membership fees must be paid every 4 weeks in advance by direct debit or annually in advance, depending on the contract.
d) If membership fees are not paid on time, the gym reserves the right to temporarily suspend the membership until full payment has been received. During this suspension, the member cannot use the gym’s facilities.
e) For contracts concluded remotely (e.g., online or by email), the member has a reflection period of 14 calendar days from the date of registration. Within this period, the member may cancel the contract free of charge and without giving any reason. For contracts concluded physically at the gym, the member has a reflection period of 7 calendar days from the date of registration.
f) To use the reflection period, the member must submit the cancellation in writing or by email to the gym, stating their name, membership number, and registration date. Contact details: info@apexgym.nl
.
g) If the member uses the gym’s facilities during the reflection period, a reasonable fee may be charged for the services used, in accordance with the Dutch Distance Selling Act.
h) After a valid cancellation within the reflection period, any paid amounts (minus any usage fees) will be refunded within 14 days to the member’s bank account.

3. Membership Payment & Collection Process

a) Membership fees must be paid every 4 weeks in advance by direct debit, unless otherwise agreed (e.g., annual prepayment).
b) Direct debit is only executed after explicit written permission from the member, provided at registration or via a SEPA mandate. The member may revoke this permission at any time, with a notice period of 4 weeks.
c) If payment is not made on time, the member will receive a written reminder with a payment term of 14 calendar days. During this period, the member retains access to the facilities.
d) If payment is still not made after the 14-day reminder period, the gym reserves the right to temporarily suspend access until all outstanding amounts are paid. The member will be informed of this in writing.
e) If payment is not received, the gym may transfer the debt to a collection agency. Collection fees will be charged in accordance with the Dutch Collection Costs Act (WIK), with a minimum of €40. The member will receive a final reminder before any collection fees are applied.
f) All communication regarding payments and collection will be by email or mail, using the contact details provided by the member at registration. The member is responsible for reporting any changes in contact or banking information.
g) If the member disagrees with a collection or reminder, they may dispute it within 14 days in writing or by email (info@apexgym.nl
). The gym will respond within 7 working days.

4. Access

a) The main entrance must be used during staffed hours.
b) During unstaffed hours, the back entrance must be used.
c) During unstaffed hours, the bar area and changing rooms & showers cannot be accessed.
d) The gym provides a safe and accessible environment in accordance with applicable safety regulations. Any issues or unsafe situations must be reported immediately to staff or via info@apexgym.nl
.

5. Safety and Health

a) Members are responsible for their own health and safety. It is recommended to seek medical advice before starting a training program.
b) Use of the facilities is at one’s own risk. The gym is not liable for any damage or injury occurring during use.
c) Members must follow the safety instructions and guidelines provided by the gym.
d) Members must immediately report any injuries or accidents occurring in the gym to staff.

6. Conduct and Discipline

a) Respectful behavior towards other members and staff is mandatory.
b) Entering the gym under the influence of alcohol or drugs is prohibited.
c) The gym may not be used for commercial purposes without written permission from management.
d) Members who engage in aggressive behavior, vandalism, or intimidation—misconduct—may have their membership immediately terminated and be denied access.
Misconduct includes:

Aggressive Behavior: Any physical or verbal aggression towards others.

Vandalism: Intentional damage to facilities, equipment, or property.

Intimidation: Any harassment, threats, or intimidating behavior towards others.
e) The gym reserves the right to terminate membership for misconduct or violations of house rules.

7. Facilities and Equipment

a) Members must use equipment correctly and safely. Damage caused by improper use may be charged.
b) Weights and materials must be put away after use.
c) Clean sportswear and indoor sports shoes are required.
d) Theft is strictly prohibited anywhere in the facility:
Members caught stealing will have their membership immediately terminated and access denied. All theft cases will be reported to the police, and full cooperation will be provided. Any damages will be recovered from the offender.

8. Termination of Membership

a) One-year membership:
You may terminate the agreement up to 4 weeks before the end of the term. If not terminated, it renews indefinitely and can be canceled at any time with a 4-week notice.
b) One-year membership with full prepayment:
Same conditions as above.
c) Two-year membership:
Same conditions as above, with a 4-week notice before the term ends.
d) Two-year membership with full prepayment:
Same conditions as above.
e) Flexible membership:
Can be canceled at any time with a 4-week notice.
f) Termination can be done at the front desk or via email, including full name and membership number.
g) The gym reserves the right to terminate membership immediately for violations of the terms or house rules.
h) Early termination during a fixed-term contract is not allowed, unless special circumstances apply.

9. Valid Reasons for Early Termination

Early termination without further obligations is possible in the following cases:
a) Medical reasons: A medical condition preventing training, with a medical statement required.
b) Relocation: Moving more than 25 km from the gym, with proof of registration at the new address.
c) Financial hardship: Demonstrable issues such as debt restructuring.

10. Membership Pause

a) Membership may be paused in special circumstances such as medical issues or long-term absence, with written approval and valid documentation.
b) The pause period is typically up to 3 months, extendable for long-term medical conditions.
c) No membership fees will be charged during the pause period.

11. Privacy and Data Protection

a) The gym processes personal data in accordance with the GDPR.
b) Personal data is used only for administrative purposes and to inform members of matters related to their membership.
c) Camera footage is used for safety and surveillance and stored for 30 days following GDPR guidelines.
d) In case of incidents, footage may be retained if requested by authorities.
e) No footage is shared with private parties.

12. Liability

a) The gym is not liable for loss, theft, or damage to personal belongings anywhere on the premises.
b) The gym is not liable for injury or damage unless caused by negligence of the gym.
c) Do not bring valuables to the gym. Lockers are available but used at your own risk. The gym accepts no liability except for cases of intent or gross negligence.
d) Use of the 24/7 gym facilities is at your own risk. By signing the agreement, you indemnify the gym against loss, theft, injury, or death occurring on the premises or due to facility use, except in cases of gross negligence by the gym.

13. Price Increases

a) The gym reserves the right to periodically increase membership prices due to inflation, operational costs, or service improvements.
b) Price increases do not apply to prepaid memberships until renewal.
c) Members will be notified at least 30 days in advance of any price increase.
d) If a member does not agree with the price increase, they may terminate their membership within 14 days of receiving notice, free of charge.
e) New prices take effect starting the next billing cycle after the effective date.

14. Unauthorized Access

a) It is not permitted to use the facilities without a valid membership or permission from the gym.
b) Members who bring a non-member without paying will receive a written warning. Repeated offenses incur a €25 administrative fee per incident.
c) Repeated violations may result in membership termination without refund.

15. Changes to the General Terms and Conditions

a) The gym reserves the right to amend these terms and conditions. Members will be informed in a timely manner of any changes.