Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the website withpavilm.live and the fitness services provided by withpavilm B.V. ("withpavilm", "we", "our", or "us"), a company registered in the Netherlands with registration number 57192460.

Our registered address is Lindelaan 91, 1323 CL Almere, Flevoland, Netherlands. You can contact us at legal@withpavilm.live or +31 706380452.

Acceptance of Terms

By accessing our website, using our services, or becoming a member of withpavilm, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these terms, please do not use our services or website.

These Terms constitute a legally binding agreement between you and withpavilm. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website.

Your continued use of our services after any changes to these Terms constitutes your acceptance of the new Terms.

Description of Services

withpavilm provides boutique fitness services including but not limited to:

• Personal training sessions
• Group fitness classes
• Nutrition coaching and meal planning
• Wellness programmes and lifestyle coaching
• Fitness assessments and progress tracking
• Access to fitness facilities and equipment

All services are provided at our facility located at Lindelaan 91, 1323 CL Almere, Flevoland, Netherlands, and may include digital components such as online coaching and virtual consultations.

Membership and Registration

To use our services, you must register for a membership and provide accurate, complete, and current information about yourself. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Eligibility

• You must be at least 16 years old to use our services
• Individuals aged 16-17 require parental or guardian consent
• You must complete a health questionnaire and fitness assessment
• You may be required to provide medical clearance for certain services

Account Responsibilities

• Provide accurate and truthful information during registration
• Update your information when it changes
• Notify us immediately of any unauthorised use of your account
• Comply with all facility rules and safety guidelines

Payment Terms

Payment terms vary depending on the type of service or membership you select. All fees are stated in Euros (EUR) and include applicable VAT.

Membership Fees

• Monthly memberships are billed in advance on the same date each month
• Annual memberships are billed in advance for the full year
• Personal training sessions may be purchased individually or in packages
• All fees are non-refundable unless otherwise specified

Payment Methods

We accept payments via credit card, debit card, bank transfer, and direct debit. By providing payment information, you authorise us to charge your chosen payment method for all applicable fees.

Late Payments

If payment is not received by the due date, your access to services may be suspended until payment is made. We may charge late fees for overdue payments as permitted by Dutch law.

Cancellation and Refund Policy

Membership Cancellation

• You may cancel your membership with 30 days written notice
• Cancellation notice must be submitted in writing to contact@withpavilm.live
• Cancellation becomes effective at the end of your current billing cycle
• No refunds will be provided for partial months or unused services

Session Cancellations

• Personal training sessions must be cancelled at least 24 hours in advance
• Group classes must be cancelled at least 2 hours in advance
• Late cancellations or no-shows may result in forfeiture of the session
• Emergency cancellations will be considered on a case-by-case basis

Refund Policy

Refunds are generally not provided except in exceptional circumstances such as:

• Medical reasons preventing participation (medical documentation required)
• Relocation outside the service area
• Service cancellation by withpavilm

Health and Safety

Your health and safety are our top priorities. By using our services, you acknowledge and agree to the following:

Health Disclosure

• You must complete a comprehensive health questionnaire
• You must disclose any medical conditions, injuries, or limitations
• You must inform us of any changes to your health status
• You may be required to obtain medical clearance before participating

Assumption of Risk

You acknowledge that participation in fitness activities involves inherent risks of injury. You voluntarily assume all risks associated with your participation and agree to follow all safety guidelines and instructions provided by our staff.

Facility Rules

• Follow all posted safety guidelines and equipment instructions
• Use equipment properly and report any damage immediately
• Maintain appropriate hygiene and wear suitable workout attire
• Respect other members and staff at all times
• No photography or recording without express permission

User Conduct

You agree to use our services and facilities in a respectful and appropriate manner. Prohibited conduct includes:

• Harassment, discrimination, or inappropriate behaviour towards staff or other members
• Use of profanity or offensive language
• Bringing prohibited items or substances onto the premises
• Misuse of equipment or facilities
• Violation of health and safety guidelines
• Any illegal activity on the premises

We reserve the right to suspend or terminate your membership immediately for any violation of these conduct rules without refund.

Intellectual Property

All content on our website and in our programmes, including but not limited to text, graphics, logos, images, workout plans, and software, is the property of withpavilm or our licensors and is protected by Dutch and international copyright laws.

Permitted Use

• You may use our content solely for personal, non-commercial purposes
• You may not reproduce, distribute, or modify our content without written permission
• Workout plans and programmes are for your personal use only

Trademarks

"withpavilm" and related marks are trademarks of withpavilm B.V. You may not use our trademarks without our prior written consent.

User Content

If you provide feedback, suggestions, or other content to us, you grant withpavilm a non-exclusive, royalty-free, perpetual licence to use such content for business purposes.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in our Privacy Policy.

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. For detailed information about how we handle your personal data, please review our Privacy Policy.

Limitation of Liability

To the maximum extent permitted by Dutch law, withpavilm's liability for any claims arising from or related to these Terms or our services is limited as follows:

Disclaimer of Warranties

Our services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee specific fitness results, weight loss, or health improvements.

Limitation of Damages

In no event shall withpavilm be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, regardless of the theory of liability.

Maximum Liability

Our total liability for any claim shall not exceed the amount you paid to withpavilm in the 12 months preceding the claim.

Exceptions

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited under Dutch law.

Indemnification

You agree to indemnify, defend, and hold harmless withpavilm, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of our services or facilities
• Your violation of these Terms
• Your violation of any rights of another party
• Any false or misleading information you provide

Termination

We reserve the right to terminate or suspend your membership and access to our services immediately, without prior notice, for any reason including:

• Violation of these Terms
• Non-payment of fees
• Inappropriate conduct or behaviour
• Health or safety concerns
• Discontinuation of services

Effect of Termination

Upon termination:

• Your right to use our services immediately ceases
• You remain liable for all fees and charges incurred
• Sections of these Terms that should survive termination will continue to apply
• We may retain your personal data as described in our Privacy Policy

Force Majeure

withpavilm shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or public health emergencies
• Government regulations or orders
• Acts of terrorism or war
• Labour strikes or disputes
• Equipment failure or utility outages

In such events, we will make reasonable efforts to resume services as soon as possible and may offer alternative arrangements where feasible.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the Dutch courts.

If you are a consumer resident in the European Union, you may also have the right to bring proceedings in the courts of your country of residence.

Dispute Resolution

Before initiating any legal proceedings, we encourage you to contact us directly to resolve any disputes. We are committed to working with you to find a mutually acceptable solution.

For consumer disputes, you may also have access to alternative dispute resolution mechanisms, including mediation services and the European Commission's Online Dispute Resolution platform.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you may have with withpavilm, constitute the entire agreement between you and us regarding the use of our services. These Terms supersede all prior or contemporaneous communications and proposals.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Post the updated Terms on our website
• Update the "Last updated" date
• Notify you by email if the changes are material
• Provide reasonable notice before the changes take effect

Your continued use of our services after the effective date of any changes constitutes your acceptance of the updated Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us: