Up Avenue — General Terms and Conditions

These General Terms and Conditions apply to every membership, class pack and class you buy or book with Up Avenue, and to your use of our website and app. They work together with two other documents: our Participant Agreement, which covers the physical risks of training and your health responsibilities, and our Privacy Policy, which explains how we handle your personal data.

Please read all three before you book.

1. Definitions

In these terms, the following words have the meaning given below.

• Up Avenue, we, us, our: Up Avenue B.V., the company that runs the Studio (details in article 2).
• You, your: the person who creates an Account, buys a Product or takes part in a Class.
• Account: your personal account in the Booking System.
• Booking System: the online environment where you create an Account, book Classes and pay. We currently use Arketa, with payments processed by Stripe.
• Studio: our studio at Kamerlingh Onneslaan 22B, Amsterdam, and any other location we operate.
• Class: a scheduled workout or session at the Studio, led by an instructor.
• Credit: the right to book one Class.
• Product: a Membership, Class Pack, single Class, gift card or other service we sell through the Booking System.
• Membership: a recurring subscription that gives you Credits or unlimited access per Billing Period. We offer Starter, Core and Unlimited Memberships.
• Class Pack: a bundle of prepaid Credits, valid for a set period.
• Intro Offer: our introductory offer of 3 Credits for new customers, described in article 7.
• Billing Period: the period your Membership fee covers, paid in advance. A Billing Period is 4 weeks, so there are 13 Billing Periods in a year.
• Price List: the prices, inclusions and perks shown on our website and in the Booking System at the time you buy.
• Late Cancellation: cancelling a booked Class less than 12 hours before it starts.
• No-show: not turning up for a booked Class without cancelling.
• Grace Credit: a credit that undoes one Late Cancellation or No-show, as described in article 11.4.
• Guest Pass: a pass that lets a Member bring a guest to a Class, as described in article 11.8.
• Participant Agreement: our separate agreement on health, safety and the risks of taking part.

2. Who we are

Company	Up Avenue B.V.
Address	Kamerlingh Onneslaan 22B, 1097 DG Amsterdam, the Netherlands
Chamber of Commerce (KvK)	97954454
VAT number	NL868302533B01
Email	hello@upavenue.nl
Website	www.upavenue.nl

You can reach us by email for any question about your booking, Membership or these terms. We aim to reply within [2] working days.

3. When these terms apply

3.1 These terms apply to every offer we make, every agreement we enter into with you, every booking and every use of our website and Booking System.

3.2 We make these terms available before you buy anything. At checkout you accept them by ticking a box, and we send them to you again with your order confirmation so you can save them.

3.3 Our Participant Agreement forms part of your agreement with us. You accept it when you create your Account, and in any case before your first Class. It explains the physical risks of VersaClimber training and what we expect from you on health and safety.

3.4 If documents conflict, this order applies: (1) mandatory law, (2) any specific conditions of a promotion or offer, (3) these terms, (4) the Participant Agreement, (5) our studio rules. Nothing in the Participant Agreement limits our liability beyond what article 13 of these terms allows.

3.5 Our booking platform (Arketa) and payment provider (Stripe) may ask you to accept their own terms for using their services. Those terms do not change your rights and obligations towards Up Avenue.

4. Your account and how an agreement is made

4.1 To book a Class or buy a Product you need an Account. Please give accurate details and keep them up to date. One Account per person.

4.2 Keep your login details private. Bookings made with your login are treated as made by you, unless you let us know your Account has been misused.

4.3 You must be at least [16] years old to take part. If you are under 18, a parent or legal guardian must give written consent before your first Class (see also the Participant Agreement).

4.4 An agreement is made when you complete your purchase in the Booking System. We confirm it by email straight away. That confirmation includes these terms, the Participant Agreement and the withdrawal form in the annex.

4.5 Memberships, Class Packs and Credits are personal. You may not share, sell or transfer them, unless we say otherwise in the offer.

5. Memberships

5.1 We offer the following Memberships. Current prices and perks are shown in the Price List.

Membership	Classes per Billing Period
Starter	4
Core	8
Unlimited	Unlimited, maximum 1 Class per day

5.2 A Membership runs for an indefinite period. There is no minimum term. You can end it at any time with one month’s notice (article 10).

5.3 The fee is charged in advance at the start of each Billing Period. Your first Billing Period starts on the day you buy, unless the offer says otherwise.

5.4 Starter and Core Credits are valid for the Billing Period they belong to. Unused Credits expire at the end of that period and do not roll over.

5.5 Each Membership comes with the perks listed in the Price List, such as Smoothie Bar and merchandise discounts, Guest Passes and Grace Credits. Perks are personal, cannot be exchanged for money and do not roll over to the next period or year, unless the Price List says otherwise.

5.6 You can upgrade your Membership at any time; the new Membership starts at your next Billing Period [or: immediately, with a pro-rata charge]. A downgrade takes effect from your next Billing Period.

5.7 You can also pay for a year in advance: 13 Billing Periods for the price of 12. After those 13 Billing Periods, your Membership continues as a regular Membership, charged per Billing Period, which you can end at any time with one month’s notice. [If you end a prepaid year early, we refund the Billing Periods that have not yet started, after charging the Billing Periods you have used at the regular price.]

 

7. Intro Offer, Class Packs, single Classes and gift cards

7.1 A Class Pack contains a set number of Credits. Each pack has a validity period, shown in the Price List and in your order confirmation, starting on the day you buy it. Credits not used within that period expire.

7.2 A single Class (drop-in) is valid only for the Class you booked it for.

7.3 The Intro Offer is for new customers only, one per person. Its 3 Credits do not expire. If you buy a Membership within 14 days of buying the Intro Offer, you get €30 off your first Billing Period.

7.4 Gift cards are valid for [24] months from the date of purchase and can be used for any Product unless the gift card says otherwise. They cannot be exchanged for cash.

7.5 The Intro Offer and Class Packs are not subscriptions: they do not renew automatically and do not need to be cancelled.

8. Prices and payment

8.1 All prices are in euros and include VAT.

8.2 You pay through the Booking System. Payments are processed by Stripe. We accept [iDEAL, credit card and SEPA direct debit].

8.3 For a Membership you authorise us to charge your chosen payment method automatically at the start of each Billing Period until your Membership ends.

8.4 If a payment fails, we let you know and try again. If the amount is still unpaid, we send you a written reminder giving you 14 days to pay. Until you have paid, we may pause your ability to book Classes.

8.5 If you still have not paid after those 14 days, you owe statutory interest and the statutory extrajudicial collection costs, which we will have stated in the reminder.

8.6 Payments are not refunded, except when you withdraw (article 9), when we cancel a Class (article 11.6), when you end a Membership after a change (article 16), when we close the Studio (we then refund any period you have paid for after the closing date) or when the law requires a refund.

8.7 Promotions and discounts apply only under the conditions stated in the offer and cannot be combined unless the offer says so.

8.8 If a price is so obviously wrong that you could reasonably have understood it was a mistake (for example a Membership listed at €1.99), we do not have to honour it. We will tell you and offer to cancel the purchase with a full refund.

9. Your right of withdrawal (14 days)

9.1 When you buy a Membership, Intro Offer, Class Pack or gift card online, you can withdraw from the purchase within 14 days without giving a reason. The 14 days start on the day you buy.

9.2 There is no right of withdrawal when you book or buy a single Class for a specific date and time. You can still cancel that booking under article 11.

9.3 You can withdraw in any of these ways:

• with the “Withdraw from contract” button in your Account [location to be confirmed in Arketa];
• by email to [hello@upavenue.nl]; or
• by sending us the model withdrawal form in the annex, or any other clear statement.

It is enough to send your withdrawal before the 14 days are over. We confirm receipt by email straight away.

9.4 If you ask us at checkout to let your Membership or Class Pack start during the 14 days and you then withdraw, you pay for what you have already used:

• Intro Offer, Class Pack, Starter or Core: the price per Credit for each Credit used;
• Unlimited: the fee pro rata for the days from the start until your withdrawal.

9.5 We refund what you paid, less any amount under article 9.4, within 14 days of receiving your withdrawal. We use the same payment method you used, at no extra cost.

10. Ending a Membership

10.1 You can cancel your Membership at any time with one month’s notice.

10.2 You can cancel online with the “Cancel membership” button in your Account, or by email to [hello@upavenue.nl]. You never have to call or visit the Studio to cancel.

10.3 We confirm your cancellation by email, stating the date your Membership ends.

10.4 Your Membership ends one month after the day we receive your cancellation. If that date falls within a Billing Period, your last payment is charged pro rata up to the end date.

10.5 Until the end date you can keep using your Membership as normal, including the Credits for any Billing Period you have paid for.

10.6 We may end your Membership with immediate effect if you seriously or repeatedly break these terms or our studio rules, behave aggressively or harass staff or other participants, commit fraud, or have not paid within the 14 days given in a reminder (article 8.4). We will tell you why in writing.

11. Booking, cancelling and missing Classes

11.1 You book Classes in the Booking System. How far ahead you can book depends on your Membership and is shown in the Price List. With an Unlimited Membership you can book 1 Class per day and have up to 4 upcoming bookings at a time.

11.2 You can cancel a booking free of charge up to 12 hours before the Class starts.

11.3 If you cancel later (Late Cancellation) or do not show up (No-show):

• with an Unlimited Membership, we charge €10 for a Late Cancellation and €15 for a No-show to the payment method linked to your Account;
• with a Starter or Core Membership, the Intro Offer, a Class Pack or a single Class, the Credit is used up. No fee is charged.

11.4 Grace Credits let you undo a Late Cancellation or No-show: the Credit is returned or the fee is waived. You get:

• 2 Grace Credits per membership year with an Unlimited Membership;
• 1 Grace Credit per membership year with a Core Membership;
• no Grace Credits with a Starter Membership, the Intro Offer, a Class Pack or a single Class.

A membership year starts on the day your Membership starts. Unused Grace Credits do not carry over to the next year. They are applied [automatically / on request].

11.5 If you are on the waitlist and a spot opens up, we book you in automatically and notify you. If that happens less than 12 hours before the Class, you can still cancel free of charge up to [1] hour before it starts.

11.6 We may change the timetable, instructor or format of a Class. We may also cancel a Class, for example because of illness, a technical problem or too few bookings. If we cancel, your Credit is returned or any fee is refunded, and we let you know as soon as possible by email or in the app.

11.7 Please arrive at least [10] minutes before your Class. For safety reasons, you cannot join a Class more than [5] minutes after it starts; in that case the booking counts as a No-show.

11.8 Core Members get 1 Guest Pass and Unlimited Members 2 Guest Passes per Billing Period. A guest you bring must create an Account and accept these terms and the Participant Agreement before the Class.

12. Health, safety and studio rules

12.1 VersaClimber training is high-intensity exercise and carries physical risks. The Participant Agreement explains these risks. You must accept it before your first Class.

12.2 You are responsible for judging whether you are fit enough to train. If you are unsure, check with a doctor first. Before class, tell the instructor about any injury, medical condition or pregnancy that could affect how you train.

12.3 Follow the instructions of our instructors and staff and our studio rules, which are posted in the Studio and on our website. These include wearing suitable clean indoor shoes and using a towel.

12.4 Our staff may refuse or stop your participation if they reasonably believe it is unsafe for you or others, for example if you seem unwell, injured or under the influence of alcohol or drugs. In that case your Credit is returned.

12.5 Treat staff and other participants with respect. Do not photograph or film other participants without their permission.

12.6 Lockers are for use during your visit only. We may empty lockers that are still locked after closing time.

12.7 If you damage equipment or the Studio on purpose, or through careless use against instructions, you are liable for that damage under the law.

13. Liability

13.1 We take the care you can reasonably expect from a fitness studio: maintained equipment, trained instructors and clear safety instructions. We are liable for damage caused by our failure to do so, as set out in this article.

13.2 Training involves risks that exist even when everyone does everything right, such as muscle soreness, strain or fatigue. We are not liable for injury that results only from those inherent risks, where we have taken the care described in article 13.1.

13.3 For damage other than death or personal injury, our liability is limited to the amount our liability insurer pays out in that case. If the insurer pays nothing, our liability is limited to [the amount you paid us in the 12 months before the damage occurred, with a maximum of €2,500].

13.4 We are not liable for loss, theft or damage of belongings you bring to the Studio, including belongings in lockers, unless it is caused by our intent or gross negligence.

13.5 Nothing in these terms or in the Participant Agreement limits or excludes our liability for:

• death or personal injury caused by our fault or that of our staff or instructors;
• damage caused by intent or gross negligence of Up Avenue, its management, staff or instructors; or
• any other liability that cannot be limited or excluded by law.

13.6 Our employees, instructors (including freelance and guest instructors) and other people working for us can rely on this article in the same way we can.

13.7 Please report any injury or damage to a staff member straight away, and to us in writing as soon as possible afterwards, so we can look into it.

14. Privacy, photos and marketing

14.1 Up Avenue B.V. is responsible for the personal data we process about you. Our Privacy Policy explains what we collect, why, how long we keep it, who we share it with (such as our booking and payment providers) and how to use your rights under the GDPR, including access, correction and deletion.

14.2 You may tell our instructors about injuries, medical conditions or pregnancy so they can adjust your training. We use this only for your safety during class. We do not record it unless you give us your explicit consent to do so.

14.3 We sometimes take photos or film in the Studio for our website and social media. We announce this in advance and in class. We only publish images in which you are recognisable if you have given your consent, for example by ticking the box in your Account. Saying no has no effect on your Membership, and you can withdraw your consent at any time via your Account or by email.

14.4 We send you service messages about your bookings, payments and Membership. We only send newsletters and offers if you have opted in, or if you are a customer and the message is about similar services from us. You can unsubscribe at any time via the link in every message.

14.5 We use cookies on our website as described in our Cookie Policy.

15. Website, app and intellectual property

15.1 All content on our website, app and social media, including texts, photos, videos, logos, the Up Avenue name and class formats, belongs to Up Avenue or its licensors. You may view it for personal use. You may not copy, publish or use it commercially without our written permission.

15.2 We do our best to keep the website and Booking System available and accurate, but we cannot guarantee they will always work without interruption or errors. Information on the website is general and is not medical advice.

15.3 Our website may link to other websites. We are not responsible for their content or how they handle your data.

16. Changes to these terms, prices and Memberships

16.1 We may change these terms, our prices, and the content, perks and conditions of our Memberships. We may also add new terms. We do this, for example, when our costs rise, when we change our offering, or when the law changes.

16.2 We tell you about a change that affects your current Membership at least [30] days before it takes effect, by email and in the app. We explain what changes and from when.

16.3 If the change is a price increase, or otherwise works out to your disadvantage, you can end your Membership free of charge before the change takes effect. If you cancel within [30] days of our message, your Membership ends no later than the day the change would apply, and you never pay the new price.

16.4 This also applies to a price increase within the first three months after you joined: you can always end your Membership before it applies.

16.5 Changes that are purely to your benefit, minor operational changes (such as timetable or instructor changes) and changes required by law may apply straight away.

16.6 Price changes do not affect Class Packs, single Classes or gift cards you have already bought.

16.7 The latest version of these terms is always on our website, with its date. The version that applies to a purchase is the one you accepted at checkout, as amended under this article.

17. Complaints

17.1 Not happy with something? Tell us as soon as possible by email to [hello@upavenue.nl], describing what happened.

17.2 We confirm receipt within [5] working days and give you a full response within 14 days. If we need more time, we tell you when you can expect an answer.

17.3 Up Avenue is not affiliated with an alternative dispute resolution body. If we cannot resolve your complaint together, you can take it to the competent court (article 18).

18. Governing law and disputes

18.1 These terms and all agreements with us are governed by Dutch law. If you live in another EU country, you keep the protection of the mandatory consumer rules of that country.

18.2 Disputes go to the competent court in Amsterdam, unless the law gives you as a consumer the right to bring the case before another court, such as the court of your place of residence.

18.3 If any provision of these terms is invalid, the rest of the terms remain in force.

Annex — Model withdrawal form

Only complete and return this form if you want to withdraw from your purchase (article 9).

To: Up Avenue B.V., Kamerlingh Onneslaan 22B, 1097 DG Amsterdam, the Netherlands, hello@upavenue.nl

I hereby give notice that I withdraw from my contract for the following service: ____________________

Ordered on: ____________________

Name: ____________________

Address: ____________________

Email address used for my Account: ____________________

Signature (only if you send this form on paper): ____________________

Date: ____________________