Terms & Conditions

Article 1 Definitions Participant:
Anyone who enters into an agreement with Underground Holding B.V. and / or Underground Crew Magere Brug B.V. Underground Holding B.V. and Underground Crew Magere Brug B.V.: Private Limited Liability Companies. Underground Holding B.V. and Underground Crew Magere Brug B.V. have their registered office in Amsterdam and have their offices at (1018 DW) Amsterdam at Nieuwe Kerkstraat 5K.

Participant agreement:
The agreement between Underground and a Participant. Personal data: All data provided by Participant to Underground as shown in the Participant Agreement.

Article 2 Applicability
2.1 These Participant Terms and Conditions apply to all legal relationships between Underground and each Participant.
2.2 All stipulations in these Participation Conditions have also been drawn up on behalf of all Directors of Underground and all persons who work for Underground and / or who have been engaged by Underground.
2.3 Deviations from these Participant Conditions are only valid if they have been expressly agreed in writing.

Article 3 Participant Agreement
3.1 The Participant Agreement between Participant and Underground is concluded when the (a) Participant has filled in all requested information as shown in the Participant Agreement and has signed it for approval or (b) the Participant has made use of Underground’s training facilities. The Participant Agreement is entered into for an indefinite period and is in the meantime in conformity Article 5 of these Participant Conditions can be canceled.
3.2 The Participant Agreement completed by the Participant and this Participant conditions together form the full representation of the rights and Obligations of Underground and Participant and replace all previous written and verbal announcements, appointments and all other correspondence.
3.3 The Participant ensures that all information – which Underground indicates is desirable or which the Participant should reasonably understand to be necessary for the implementation of the Participant Agreement – is provided to Underground in a timely manner.
3.4 The Participant Agreement is personal and the Participant is not entitled to transfer all or part of the rights and obligations arising from the Participant Agreement concluded under these Participant Conditions to third parties.
3.5 If a Participant has entered into a Participant Agreement with Underground, the Participant is entitled to revoke it within 14 (in words: fourteen) days after signing the Participant Agreement concluded with Underground.
3.6 If the Participant revokes the Participant Agreement in accordance with Article 3.5, the Participant will receive all payments made by the Participant to Underground, unless the Participant has already made use of the Underground facilities and / or you have entered the Underground location.
3.7 If the Participant decides to purchase a new / additional Package from Underground, the conditions of the Agreement and these Participant Conditions remain fully applicable unless expressly agreed otherwise in writing.
3.8. The minimum age to take out a subscription independently is 18+.

Article 4 – Prices and payment
4.1 The subscription costs for the monthly use of the Underground facilities must be paid to Underground prior to use.
4.2 The Participant authorizes Underground by agreeing to these general terms and conditions to debit the subscription costs due to Underground by direct debit.
4.3 The Participant authorizes Underground to debit subscription upgrades and training location purchases that have not been paid for directly by direct debit.
4.4 Payments that have already been made by the Participant will not be refunded, unless there is a legal revocation by the Participant within the meaning of Article 3.5.
4.5 Underground reserves the right to index and change its prices and rates for all subscriptions.
4.6 The subscription costs payable by the Participant for the use of the Underground facilities, which facilities cannot be used or cannot be fully used due to circumstances beyond the control of Underground, will not be refunded.
4.7 If the participant cancels the lesson more than three (3) times less than two (2) hours in advance or if there is a NO-SHOW, Underground will charge € 7.50 per missed training by direct debit.
4.8 If the participant reverses an amount due, for whatever reason, Underground will charge € 5 administration costs per failed attempt until a successful payment has been made.

Article 5 Cancellation of Participant Agreement
5.1 Participant makes the Participant Agreement after the first three (3) months with due observance of a notice period of one (1) month via the mobile Underground App. The participant will immediately receive confirmation of the cancellation at the email address known to Underground. If the Participant has not received this confirmation in time, the Participant must immediately contact Underground, failing which Underground assumes that the cancellation has not taken place or has not taken place in time.
5.2 In the event of long-term illness, injury and / or pregnancy of the Participant, the Participant Agreement may be temporarily suspended or terminated after consultation and submission of a written doctor’s statement.
5.3 Underground has the right to cancel the Participant Agreement with immediate effect if: – In the opinion of Underground, the Participant is guilty of unacceptable behavior; – If the Participant systematically violates the rules of Underground; or – If a third party as a result of any omission or with the Participant’s knowledge uses the Participant’s Participant Card.

Article 6 Risk and Liability
6.1 The use of the Underground facilities for, among other things, not limited to strength and endurance training and / or following any training program and / or activities of any kind at Underground is entirely at the Participant’s own expense and risk.
6.2 The participant is obliged to report his or her physical condition, such as injuries, illnesses and / or other physical disorders and / or information, which the participant should reasonably understand, both before, during and after any training guided by a trainer. it is necessary for the exercise. Participant is responsible for reporting this information.
6.3 Both Underground and its employees are not liable for material and / or immaterial damage as a result of an accident or injury / injuries of the Participant and / or third parties.
6.4 Underground and its employees do not accept any liability for damage, loss or theft of property of Participant and / or third parties.
6.5 Participant is liable for damage to the property of Underground, if this damage is the result of negligence and / or fault of the Participant.
6.6 The exclusions and limitations of liability as stated in this article are equally stipulated for and for the benefit of subordinates of Underground and anyone else whose assistance Underground uses in the implementation of the Participant Agreement.

Article 7 Personal data and privacy policy
7.1 Participant is aware that he / she provides certain personal data to Underground, such as name, age, address and e-mail address.
7.2 The Participant agrees to these conditions, the Participant gives Underground permission to the processing of his / her personal data in connection with (among other things) the creation of a membership, the drawing up and sending of invoices, the provision of information, the improving our services and answering questions asked through, for example, the website. Any processing of the personal data by Underground takes place in accordance with the General Data Protection Regulation and its privacy policy, which can be found on the website.
7.3 By agreeing to these Participant Terms and Conditions, Participant unambiguously grants Underground permission to send Participants offers from Underground by e-mail and otherwise.

Article 8 Photos video recordings
During your presence at Underground, photos and video recordings can be taken of you for advertising purposes. By agreeing to these Terms of Participation, Participant unambiguously grants Underground permission to use these photos and video recordings for the aforementioned purposes.

Article 9 Applicable law and competent court
9.1 These Participant Conditions are effective from 1 January 2019.
9.2 In the event that any provision in these Participant Conditions should be null and void or be destroyed, this shall not affect the validity of the other provisions. Underground and Participant will then enter into consultations in order to agree on new provisions to replace the invalid or nullified provisions, taking into account as much as possible the purpose and purport of the original provision.
9.3 Any legal relationship with Underground is governed by Dutch law. All disputes between Participant and Underground that may arise as a result of or in connection with the Agreement will be settled by the competent court in Amsterdam to the exclusion of everyone else.

Why a Privacy Statement
If you join Underground, if you place an order through our website (www.undergroundsportclub.nl) or when you visit our gym, we need some personal data from you. Why we need this personal data and what we do with this data, we would like to explain in this Privacy Statement. Underground thinks privacy is important so it is very involved in protecting the privacy of its members. Personal data is therefore carefully stored, processed and secured by us. Underground carefully complies with all obligations arising from the General Data Protection Regulation (Regulation (EU) 2016/679) and other privacy legislation. Underground is located at Nieuwe Kerkstraat 5K (1018 DW) in Amsterdam, the Netherlands.

Which personal data do we collect?
The personal data we store and process are:
– First and last name;
– Sex;
– Date of birth – E-mail address;
– (Mobile number;
– Address data;
– Bank details;
– Information about your visit to our gym;
– Transaction data from orders;
– Operating system IP addresses and browser type and time stamps;

We use this information for the following purposes:
– creating a membership;
– drawing up, sending and drawing up invoices;
– providing information;
– improving our services;
– answering questions asked via, for example, the website;
– the possible provision of information regarding new products and services;
– to be able to fulfill our obligations arising from contracts we have concluded with you, as well as for billing and delivery.

Provision of personal data to third parties
We do not sell or trade personal data and do not provide personal data to third parties without your express permission. By accepting this privacy statement you agree that we provide your personal data to parties that we use to deliver our products to you. Your personal data will only be shared if we are legally obliged to do so.

Photos
In our gyms we regularly take pictures of, among other things, our training and events. These photos are used to post on our own website and as content for our social media. If you are on / in a photo and do not want this, we will always delete your photo on request.

Cookies
Cookies are used on our website. A cookie is a way to recognize a website user by means of a file placed on the used device. A cookie also ensures that you stay logged in as long as you use the site.

We use cookies for the following purposes:
– for the functioning of the site, for example to ensure that you can log in to your personal account or use the shopping cart;
– for analyzing the website usage, for example how many visitors come to our site and how they use our site;
– to recognize you when you return to our site, so that we can personalize the content of our site as much as possible;
– to keep track of how you visited our site, which pages you visited and which links you clicked.

If you want to restrict or delete the use of cookies on our or any other site, you can adjust this in your browser settings. The help function of your browser provides more information about this. You can also find more information by searching the internet to delete cookies.

Your rights
You always have the right to inspect the personal data we hold about you. If this information is incorrect, you can help us correct it. You also have the right to ask us to delete your personal data or to make your personal data available to you on a data carrier. Requests for this will always be honored. You can exercise said rights by sending an email to the contact address on the site.

How long do we keep your personal data?
We keep your personal data for as long as is necessary for the realization of the purposes for which we process your personal data. After you have canceled your membership, your data will not be kept longer than permitted by law.

Security
Due to the nature of our services and the confidence that you must be able to place in us, taking into account the state of the art implementation costs, we take appropriate technical and organizational measures to ensure that the processing of personal data takes place in accordance with the General Data Protection Regulation.

Personal Data Authority
Of course we are happy to help you if you have complaints about the processing of your personal data. Under the privacy law, you also have the right to file a complaint with the Dutch Data Protection Authority against these processing of personal data. You can contact the Dutch Data Protection Authority for this. Modifications Underground reserves the right to amend and change its privacy statement. If you have a question, please contact us at info@undergroundsportclub.nl

This privacy statement was last amended on 1 August 2020.