Terms & Conditions | ESCAPE EVERYDAY LIFE

Article 1 - Membership

1.1 General

The athlete (hereinafter: “Athlete”) wishes to take out a membership, under the terms and conditions provided for in the present General Terms and Conditions (hereinafter: “General Terms and Conditions”) with the gym, “Release Antwerp” (hereinafter: “Gym”).

The Gym reserves the right to review or amend the General Terms and Conditions from time to time. The Athlete will always be notified by email of amendments to the General Terms and Conditions. In the absence of a written objection within five calendar days, the Athlete shall be deemed to have accepted the amended General Terms and Conditions.

1.2 Registration

If the Athlete has previously already been a member of the Gym, registration shall be performed online on the website (https://release-antwerp.be/en/become-a-member / https://release-antwerp.be/en/request-a-day-pass) or in the Gym premises.

If the Athlete has not previously been a member of the Gym, they shall have to follow the following procedure in order to register:

The Athlete must pre-register online via the Gym’s website (https://release-antwerp.be/en/become-a-member), after which they will receive an automatically-generated confirmation email from the Gym;
The Gym will then send an email to the Athlete inviting them to call on the Gym to officially register themselves.

The Athlete receives the following documents upon registering:

the present General Terms and Conditions
a membership agreement between the Athlete and the Gym containing the Athlete’s Membership Type (see below) (hereinafter: “Membership Agreement”)
the Gym’s rules and regulations
any annexes to the Membership Agreement

The Athlete takes out membership personally and it cannot be transferred to another party. Only the Athlete can use their membership to exercise at the Gym.

1.3 Different Membership Types and the Athlete's selection

The Athlete can choose between different Membership Types (hereinafter: “Membership Type” or “Membership Types”):

Membership for an indefinite period which, after the first month is immediately paid for (on a pro rata basis) at the time of registration, shall be paid by the Athlete by means of direct debit (hereinafter: “Membership for an Indefinite Period”);
A day pass that the Athlete pays for immediately at the Gym at the time of registration (hereinafter: “Day Pass”);
A card valid for fifteen sessions that is paid for in advance by the Athlete at the time of registration at the Gym (hereinafter: “Session Card”);
Membership for a fixed period of three months that shall be paid for in advance by the Athlete at the Gym at the time of registration (“Fixed Period Membership”);

The Gym can grant discounts to students and companies.

The Athlete has taken cognisance of the (various) Membership Types at the time of becoming a member and explicitly selected the Membership Type that is recorded in the Membership Agreement.

1.4 Changing the Membership Type

If, during their membership, the Athlete wishes to change to another Membership Type, they must send an email to the Gym using the email address: membership@release-antwerp.be.

The Athlete receives confirmation by email of the change of Membership Type. This email constitutes an integral part of the Membership Agreement and is included as an annexe to the agreement.

Those sums already paid by the Athlete for their membership will under no circumstances be refunded upon the Athlete switching to a different Membership Type, nor shall they be deducted from the fees for the newly selected Membership Type.

1.5 Application/MyClubPlanner

With the exception of the Day Pass, the Athlete shall download and install the “MyClubPlanner” application after becoming a member (hereinafter: “App”) and create an account/log-in in the App (hereinafter: “Account”).

For each session, the Athlete must scan themselves in using their own QR code in the App when entering the Gym premises.

The App/Account may under no circumstances and at no time be used by another party. If the App and/or the Athlete’s Account is hacked or if another party uses the App/the Athlete’s Account, then the Athlete shall forthwith inform the Gym thereof.

The App is managed by a third party (ClubPlanner B.V., with its registered office at Jan Tinbergenstraat 222, 7559ST Hengelo, the Netherlands, and registered with the Chamber of Commerce under number 58146091 – hereinafter: “ClubPlanner”), which operates independently of the Gym. This App is consequently subject to that company’s terms and conditions, as drawn up by ClubPlanner. The Gym shall under no circumstances be held liable for the App, its operations and/or proper functioning.

1.6 Attending group classes

The Athlete must register online in advance to participate in group classes. Registration is performed using the App.

If the available places are booked out, the Athlete cannot enrol in the group class but they can be placed on the waiting list. Registration for the classes and being placed on the waiting list are on a first-come-first-served basis.

Becoming a member of the Gym in no sense guarantees that the Athlete shall have a place in the group classes.

Given that only a limited number of places are available for the group classes, it is essential that the Athlete cancel in good time. If the Athlete has registered for a group class but opts not to participate, irrespective of the reason therefor, then they must cancel the registration online no later than four hours in advance. Not cancelling in good time shall be deemed as a no-show.

If the Athlete has registered for a group class but does not arrive on five occasions without cancelling in advance and in good time, they will be charged 35.00 euros, irrespective of the reason for the no-show. The Athlete will only be able to re-register for a group class once the fine is paid and received by the Gym.

1.7 Temporarily halting membership ("Freezing")

Session Cards and Fixed Period Memberships:

Session Cards and Fixed Period Memberships cannot be temporarily halted.

Memberships for an Indefinite Period:

The Athlete can temporarily halt their membership for a maximum period of one month or 30 consecutive days once a year. The Gym will not charge the Athlete membership fees for every full month or 30 consecutive days in which they have halted their membership.

To temporarily halt their membership, the Athlete must send an email in advance to membership@release-antwerp.be stating clearly and precisely when they wish to halt their membership (together with the start and end dates). Once the Gym has received and processed the email, the Athlete shall receive confirmation by email.

The Gym is only deemed to have accepted the temporary membership interruption once the Athlete has received a confirmation email.

The start date of the interruption shall only commence after the Gym’s confirmation email is received by the Athlete. If the Athlete wishes to interrupt their membership for a period greater than the aforementioned maximum period, the Gym will automatically cancel their membership.

The Athlete can under no circumstances interrupt their membership retroactively.

Article 2 - Minors

The minimum age to use the Gym is 18 years, but a specific request can be made for the Gym to allow a minor Athlete to become a member. Such a request must be accompanied by the consent of the minor’s legal guardian.

The request shall only be deemed to be accepted once the minor Athlete has received confirmation by email from the Gym, in which the Gym states that it consents to the registration of the minor as a member.

Article 3 - Membership duration and renewals

Day Pass:

The Athlete can access the Gym and use its facilities for a full day after signing the Membership Agreement and receipt of payment in full by the Gym of the sum to be paid by the Athlete.

Session Card:

Membership is effective as of signing the Membership Agreement and receipt of payment in full by the Gym of the sum to be paid by the Athlete for the Session Card.

If, for whatever reason, the Gym does not receive this payment from the Athlete at the time of signing the Membership Agreement, the membership is suspended until the time that the Gym does receive the payment.

The Session Card is valid for a period of 12 consecutive months. After the expiry of the aforementioned 12-month period, the Session Card expires. Unused sessions will under no circumstances be refunded by the Gym, nor can they be extended or brought forward to a further period.

Fixed Period Membership:

Membership is effective as of signing the Membership Agreement and receipt of payment in full by the Gym of the sum to be paid in advance by the Athlete for the three-month membership.

Fixed Period Membership is valid for a period of three consecutive months. After the expiry of the aforementioned three-month period, the Athlete’s membership expires automatically.

Once the membership has expired, the Athlete can however opt to take out a new Fixed Period Membership.

Membership for an Indefinite Period:

Membership is effective as of signing the Membership Agreement and receipt of payment in full by the Gym of the sum to be paid by the Athlete for first full month. If the Membership for an Indefinite Period commences during a month, the Athlete shall also pay for the remainder of that month on a pro rata basis, over and above the membership fees for the first full month, in order to use the Gym immediately. The payments thereafter will always be performed by direct debit.

Membership is effective for an indefinite period and shall be payable on a monthly basis. After it takes effect, the Athlete can cancel their membership with due regard for the conditions determined in article 6.

Article 4 - Obligations

4.1 On the part of the Athlete:

Payments

The Athlete is obliged to perform the required payments in good time, in accordance with article 5.

Rules and regulations

By signing the Membership Agreement and the present General Terms and Conditions, the Athlete agrees explicitly with the Gym’s rules and regulations, as annexed to these General Terms and Conditions.

The Gym reserves the right to amend its rules and regulations at any time.

Should the rules and regulations be amended, the Athlete shall always be informed in good time of the amended elements. In the absence of a written objection within five calendar days, the Athlete shall be deemed to have accepted the amended rules and regulations.

Equipment and other accessories that belong to the Gym

The Gym’s equipment and other accessories (such as towels, exercise materials, etc) that are made available to the Athlete remain the property of the Gym. The Athlete shall consequently use such with respect and under no circumstances remove any such items from the Gym and/or the building. If the Gym becomes aware that the Athlete has illicitly removed such items, it has the right to terminate the Athlete’s membership with immediate effect, without prejudice to its right to demand compensation or redress from the Athlete.

4.2 On the part of the Gym:

The Gym shall ensure that the Athlete has access to the Gym premises during opening hours while the Membership Agreement is in effect.

Article 5 – Rates and payments/late payments

Day Pass, Session Card, Fixed Period Membership

If the Athlete opts for one of the above membership types, then they are required to pay the sum payable in advance, in accordance with article 3 of the present General Terms and Conditions.

Membership for an Indefinite Period

After payment of the first month of membership (plus the payment for the current month, on a pro rata basis), payment of the monthly membership fee is performed monthly by direct debit, no later than on the final workday of the preceding month. Fees are always payable, irrespective of whether or not the Athlete makes use of their membership. After payment is received, the Athlete shall be granted access to the Gym and they can make use of their membership.

Payment of the membership fee is always performed by (European) direct debit, for the purpose of which the Athlete shall sign an authorisation at the time of the Membership Agreement taking effect.

If the direct debit is declined at any time by the bank executing the payment and/or in the event of nonpayment or late payment of the outstanding sum by the Athlete, an initial reminder shall be sent by the Gym to the Athlete, within the context of a so-called business-to-consumer agreement. With respect to the imposition of the fixed compensation and late payment interest, the conditions and limits set down in article XIX.2 and XIX.4 of the Code of Economic Law apply. Specifically, after the expiry of a period of 14 calendar days, starting on the third workday after an initial cost-free reminder is sent by registered letter, or starting on the first calendar day after such a reminder is sent by email, fixed compensation shall be payable of a) 20.00 euros if the outstanding balance is less than or equal to 150.00 euros, b) 30.00 euros plus 10% of the outstanding sum between 150.01 euros and 500.00 euros for an outstanding balance of between 150.01 euros and 500.00 euros or c) 65.00 euros plus 5% of the outstanding sum for an outstanding balance of between 500.00 euros and a maximum of 2,000.00 euros if the outstanding balance is greater than 500.00 euros. Moreover, late payment interest on the outstanding invoice sum, at the statutory interest rate, shall be added to each unpaid invoice as of the aforementioned time.

If the direct debit is declined at any time by the bank executing the payment and/or in the event of nonpayment or late payment of the outstanding sum by the Athlete, compensation shall be payable by law and without notice of default being required as of the due date, within the context of a so-called business-to-business agreement, amounting to 10% of the outstanding invoice sum, with a minimum of 50.00 euros and without prejudice to the right to demand greater compensation, subject to evidence being furnished of greater damage being sustained. Moreover, as of the date upon which it is due, late payment interest on the outstanding invoice sum shall be added to each unpaid invoice by law and without notice of default being required, at the interest rate determined in the Law on Combating Late Payments in Commercial Transactions.

In any event, the Gym is entitled to suspend the Athlete’s membership until payment of the outstanding sum is made in full by the Athlete.

The Membership Agreement can in any event be terminated, with due regard for the conditions as provided for in article 6.

The Gym reserves the right to adjust the membership fees. The Gym undertakes to inform the Athlete in good time of such adjustments. If the Athlete does not consent to the adjustment of the membership fees, they have the option to terminate the Agreement at any time no later than on the 20th day of the month in question; if notice of termination is received thereafter, the Agreement shall only be terminated in the following month.

Article 6 – Cancellation of Membership for an Indefinite Period

6.1 Cancellation

The parties can cancel the membership at any time in the following manner:

by registered letter address to BVBA Fitland, Zeevaartstraat 10, 2000 Antwerp.
by email to membership@release-antwerp.be. Cancellation shall only be deemed to be accepted once the Athlete has received a confirmation email from the Gym.

The cancellation period is always one month and commences on the first day of the month following the month in which notice was given.

Membership must always be cancelled no later than on the 20th day of the month; if the membership is cancelled after that date, fees for a further month will be charged to the Athlete.

If the Athlete does not cancel their membership in one of the aforementioned manners, the cancellation shall be deemed to be invalid and the Athlete is obliged to perform their monthly fee payment or payments.

6.2 Reactivating membership

An Athlete cannot reactivate their membership.

Insofar as the Athlete cancelled their ‘Membership for an Indefinite Period’ in accordance with the requirements as provided for in article 4, and at a later stage wishes to reactivate their membership, they shall be required to enter into a new Membership Agreement with the Gym in the manner provided for in article 1 of the present General Terms and Conditions.

Article 7 – Immediate cancellation of membership

The Gym is entitled to terminate the Membership Agreement, and thus cancel the Athlete’s membership, without any period of notice and/or compensation being required, nor with prior judicial intervention required, if:

The Athlete contravenes the applicable rules and regulations after already having been warned about such a contravention;
The Athlete illicitly removes items from the Gym, as provided for under article 4;
The Athlete performs an activity or omits to do such that seriously damages or can seriously damage the reputation of the Gym;
The Athlete wishes to temporarily interrupt their membership for a period longer than one month, as provided for in article 1.7 of the present General Terms and Conditions;
The Gym receives well-founded complaints from another athlete and/or athletes concerning the Athlete;
The Gym is unable to debit the membership fees from the Athlete’s account (in the event of direct debiting), which means fees for the Membership for an Indefinite Period are outstanding;
The Gym ceases operating.

The Athlete is entitled to terminate the Membership Agreement, and thus cancel their membership, without any period of notice and/or compensation being required, nor with prior judicial intervention required, if:

The Athlete is unable to access the Gym (during opening hours), even though they have properly fulfilled their contractual obligations.

The sums already paid by the Athlete for their membership will not, in the above case, be refunded by the Gym under any circumstances.

Article 8 – Intellectual property rights

The Gym remains the exclusive owner of all intellectual property rights with respect to the brand of the Gym.

The Athlete waives their image rights with respect to any photographs and videos taken in the Gym premises. The Athlete consequently also consents to the possible publication of these photographs and videos on, inter alia, social media channels, including after the Athlete has cancelled their membership. The Gym has free use of the photographs and/or videos.

The Athlete explicitly consents to the Gym using (without any compensation being payable) photographs and videos taken by the Athlete on its own social and other media channels when those images were recorded at the Gym and/or at an event organised by the Gym.

Article 9 – Force majeure

Neither of the parties can be held liable for a delay in the performance of or noncompliance with its obligations if that delay is due to force majeure. In the context of the application of these General Terms and Conditions, “force majeure” comprises all situations or events that are not within the control of a party, whether or not such are foreseeable at the time that the Membership Agreement took effect, as a result of which it cannot be reasonably demanded of a party that they fulfil their contractual obligations. These situations or events include, but are not restricted to: government rulings, epidemics and pandemics, explosions, national strikes, strikes by suppliers or the unavailability of supplier services, natural disasters, social conflict, riots, war and international terrorism.

Each party is entitled to terminate the Membership Agreement with immediate effect and without further issues arising if the force majeure is of a permanent nature or continues for more than ninety (90) days.

Article 10 – Risks and liability

Every Athlete uses the facilities under their own responsibility. The Gym is consequently not liable for any damage sustained by the Athlete.

The Athlete is also responsible for their own property. The Gym shall not be held liable for any theft of and/or damage to the Athlete’s property.

The Gym makes lockers available, which are or can be emptied at the end of each day. The Athlete is responsible for retrieving their own articles from the locker before leaving the Gym. Any articles still present in the lockers at the end of the day are removed. The Gym does not undertake in any sense to keep these articles.

The Athlete is required to take out any necessary insurance themselves, such as but without being limited to civil liability insurance and/or household insurance.

The Gym shall not be liable, in any manner and at any time, for any damage, whether or not foreseeable and whether direct or indirect, irrespective of the nature thereof.

This limitation of liability shall not exempt the Gym from responsibility in the event of gross negligence or an intentional act on the part of the Gym and/or its staff.

Article 11 – Complaints

If the Athlete has any complaints, they can inform the Gym by email at membership@release-antwerp.be. The Gym does its best to settle all complaints as soon as possible.

Article 12 - Miscellaneous

The Membership Agreement and the present General Terms and Conditions comprise the entire agreement between the parties with respect to the object thereof and replace any prior written and verbal agreements.

The annexes constitute an integral part of the Membership Agreement and/or the present General Terms and Conditions.

The invalidity or inapplicability of one or more of the provisions agreed to in these General Terms and Conditions does not result in the invalidity of the General Terms and Conditions as a whole. The parties undertake to – to the extent that is legally possible – replace the invalid, unlawful or unenforceable provisions with new provisions that correspond as closely as possible to the objectives and choices of the provisions ruled invalid or inapplicable.

The fact that one of the parties does not invoke any default in respect of performance on the part of the other party can under no circumstances be deemed as a definitive waiver of the right to invoke that default at a later stage.

This Agreement falls under Belgian law. In the event of any disputes with respect to the existence, the interpretation and/or the performance of this Agreement, the courts of Antwerp, district of Antwerp, have sole jurisdiction.

In the event of the dispute being settled extrajudicially, the Consumer Mediation Service (Consumentenombudsdienst) of the Federal Government is competent to hear all applications for extrajudicial settlements of consumer disputes.

The Consumer Mediation Service can be contacted via http://www.consumentenombudsdienst.be//nl.

By signing the Membership Agreement, the Athlete consents to the terms and conditions as provided for in the present General Terms and Conditions.

Both the Gym and the Athlete have received a copy of the Membership Agreement.