Terms and Conditions

General Terms and Conditions Motifaith

Motifaith App and Online Portal supported by Virtuagym.
These are the General Terms and Conditions, as used by Virtuagym, a limited liability company, registered as Digifit B.V. at the Chamber of Commerce at Amsterdam with number 34296133 (hereafter: Virtuagym). VIRTUAGYM is a registered trademark of DIGIFiT B.V.

By making use of the website, mobile apps and any other products and services of Virtuagym (hereafter: the Products) you declare to explicitly agree with all General Terms and Conditions of Virtuagym (hereafter: Terms and Conditions).

The Terms and Conditions apply to Virtuagyms end-users (hereafter: Consumers) and the Virtuagyms business users of Virtuagym Professional products and services (hereafter: Professional Clients) and their clients (hereafter: Client Members). Consumers, Professional Clients and Client Members will be referred to in general as Users. Users and Virtuagym will be referred to as Parties.

1. Privacy Policy
1.1 Virtuagym cares highly about the privacy of its Users and therefore values a clear privacy policy. Virtuagym shall never share, sell or otherwise transfer any Personal Data (Persoonsgegevens) of its Users to third parties. Please read our Privacy Statement to learn more about the privacy policy of Virtuagym with regard to the user data.

2. Use
2.1 The use of the Products is only allowed, if the General Terms and Conditions and the Privacy Statement are agreed upon, with a few exceptions in a number cases mentioned hereafter. Therefore, by using one or more Products, the Party declares to agree with the Terms and Conditions.
2.2 Virtuagym reserves the right to forbid the use of and/or access to her products without (prior) notice or reason, in example by blocking or removing profiles or by blocking IP-adresses of computers, in case Virtuagym finds this appropriate due to whatever reason.
2.3 Consumer Profiles are restricted to natural persons for personal use only and public groups are for users with a jointly interest only. Companies and other institutions, like foundations, gyms and other commercial companies are only allowed to create groups within the Virtuagym Professional services, not on the public version of the Products, unless they have received prior written permission from Virtuagym.
2.4 Profiles and groups contrary to previous rules can be removed, without prior notice.

3. Objectionable Content Policy
Content may not be submitted to the Products and Virtuagym moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

4. Age Restrictions
By using the Products of Virtuagym, you represent and warrant that (a) you are 16 years of age or older and you agree to be bound by this Agreement; (b) if you are under 16 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Products does not violate any applicable law or regulation. Your access to the Products may be terminated without warning if Virtuagym believes, in its sole discretion, that you are under the age of 16 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your childs use of the Products, you agree to be bound by this Agreement in respect to your childs use of the Products.

5. Offered information
5.1 Although the information on this website and contained within the other Products with the exception of the user generated content is made with great care, a complete accuracy, reliability or suitability whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained within the other Products, whether or not originating from Virtuagym or one of its employees, this is completely at your own risk.
5.2 The information is explicity not meant for replacing medical care, medical advice or support by professionals within other disciplines. Virtuagym should in example never be used for (self)diagnosis. In any case it is strongly recommended that users immediately consult their doctor with any medical questions, complaints and/or symptoms.
5.3 By accepting these Terms and Conditions the Party explicitly recognizes that Virtuagym cannot be held liable for any defects and/or wrong information contained within the information offered, and the possible damage which may occur in result thereof.

6. Physical exercise and Nutrition
6.1 Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the Products, must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience any form of pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.

7. Rights of intellectual property
7.1 By accepting these Terms and Conditions the Party explicitly recognizes that all designs, information, images and other content within the Products with exception of user generated content are property of Virtuagym, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.
7.2 Virtuagym grants users a limited, personal, non-exclusive, non sub-licensable, non-transferable and revocable right to use the Products for personal purposes and under the terms and conditions, as stated in these General Terms and Conditions.
7.3 In case Virtuagym and a third party, being an company or institution, agree upon the licensing of one or more of the Products, this concerns a limited, non-exclusive, not sub-licensable, non-transferable and revocable right to use said Products concerned.
7.4 It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content for direct or indirect commercial purposes, unless explicitly agreed in written form with Virtuagym.
7.5 The Party declares not to perform any acts which infringe or can infringe the (intellectual property- or database) rights of Virtuagym or third parties.

8. Licensing for shared information
8.1 The Party grants Virtuagym in exchange for the services granted by Virtuagym a continued, worldwide, unlimited, irrevocably, non-exclusive license without any extra remuneration by Virtuagym, including the right to sub-license, to all information, including but not limited for texts, images, photos, video and soundfiles, designs and user information, which is uploaded to, shared with or saved within the Products or shared with Virtuagym in any other way by the Party(hereafter: the Shared Information), to use, copy, distribute, transfer, perform, modify, or use otherwise, for commercial or other purposes through all existing media.
8.2 By accepting the General Terms of Conditions, the opposite party guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene the law, does not contains (child)pornographic material or is otherwise offensive, does not constitute threat or defamation, is free from viruses or other code which is harmful or can be harmful to computers, other electronics or the data or programs contained thereon, and has no commercial purpose.
8.3 The Party remains fully responsible and liable for any direct or indirect damage caused for Virtuagym and third parties due the Shared Information by the Party.

8. User information and registration
8.1 The Party declares that the information provided, in example for registration, is correct and complete and that it will update these where possible within the Products, in case of changes. Any passwords should be kept carefully and may not be shared with third parties.
8.2 The Party may not grant third parties access to Products via his own registered account. In case the Party share his account access information with third parties, he will be fully responsible and liable for direct and indirect damage resulting thereof.
8.3 The Party agrees that Virtuagym saves, processes and stores all the data provided by the Party, including through use of the Products. Please also see our Privacy Statement.

9. Communication
9.1 Virtuagym may send varying communications to users via the Products, including update notifications or reminders, e-mails or other communications. Users can indicate at the settings until what extend they wish to receive said communications.
9.2 The Party agrees that Virtuagym may approach the Party for important changes or updates of the Products, in case deemed necessary by Virtuagym. Such communication shall in principle never contain any commercial messages from third parties.
9.3 Members can communicate with each other within the Products, e.g. by placing comments or sending messages or discussing within groups. The Party declares not to send spam, or any other communications which is undesired by the receiver, being commercial or otherwise, including but not limited to threatening, agressive, obscene, ignominious, offending, privacy infriging or commercial communications. Any acts contrary to these condition can as with the other conditions result in immediate denial of access and use of the Products and termination of the user license.
9.4 Virtuagym is at any time free to delete any user communications or other Shared Information without any prior or further notice if these are regarded to be below standard or otherwise inappropriate by Virtuagym.
9.5 For all communication and contact via the Products the following user guidelines apply:
a) Keep it always fun and positive!
b) Treat each other with respect
c) Respect each others opinion, even if you do not agree with it
d) Do not place off-topic messages within discussions
e) Do not bother people with irrelvant matters
f) Do not advertise for any products or services

10. Information from third parties
10.1 The Products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and website links (hereafter: Information from Third Parties).
10.2 Information from Third Parties generally is and cannot be previously checked by Virtuagym, which means that we can not guarantee the quality and validity thereof. Virtuagym is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage which may result from it.
10.3 Third parties may connect to Virtuagym via the API and obtain access to publicly available data contained within the Products, including possibly personal user data which has been published on the Products with their permission. Beside that third parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. The General Terms and Conditions and Privacy Statement from Virtuagym do in principal not apply to applications from third parties. These third parties may use different General Terms and Conditions and Privacy Statements.

11. Unlawful information
11.1 After a report Virtuagym will investigate the presence of unlawful information in one or more of the Products within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail to info@virtuagym.com.
11.2 This report should in any case contain the following information:
a) the URL where the alleged unlawful information can be found.
b) your explicit statement that the material is unlawful and why.
c) in case it is a case of infringement of rights of intellectual property, you need to substantiate that you are the rightful owner of said rights, and to which extent the information infringes said rights.
d) in case you represent someone else, an authorization which allows you to act on behalf of the rightful claimant, signed by the rightful claimant.
e) Your name, email address, address and phone number, so that Virtuagym can contact you.

12. Paid Products
12.1 The listed prices of the Products are in Euros and exclusive VAT, unless explicitly stated otherwise.
12.2 All listed prices are conditional and can be adjusted without an prior notice.
12.3 Termination of periodical subscriptions cannot take effect before the end of the period that has been agreed upon. Such termination has to be done at least 1 month, before the end of the (renewed) contract period. For monthly subscriptions, termination has to take place 2 weeks before this. Without termination, the subscriptions will automaticly be extended after agreed period has ended, in principle for a same period, unless otherwise agreed. Users can unsubscribe at any time, although the afore mentioned notice term applies.
12.4 In order to terminate a subscription effectively, the user should follow this link. The membership will end on the given end date.
12.5 Payment is due once the agreement is in place, unless otherwise agreed upon.
12.6 The Products shall be delivered as soon as possible or within the agreed period after payment. Virtuagym accepts no liability for any damage, in case the delivery takes place after the agreed period.

13. Modifications to the Products
13.1 Virtuagym explicit reserves the right at any time to modify, stop or change a part of, or the whole of one or more of the Products, for a determined peroid or always, without prior notification or after to the Party, whether it concerns paid or unpaid Products.
13.2 This may also result in non-accessability or loss of a part or the whole of the Shared Information, including the Shared Information of the Party. Virtuagym cannot be held liable for any direct or indirect damage resulting thereof.
13.3 In case of such a modification of the Products, for whatever reason, the Party will have on his request the (already) paid amounts to Virtuagym or her partners refunded pro ratio.

14. Modification of the General Terms and Conditions
14.1 Virtuagym reserves the right to change her General Terms and Conditions at any time. After such a modigication the changed General Terms and Conditions will be offered for inspection immediately on the website.
14.2 By using the website and the other products of Virtuagym after changes to the General Terms and Conditions the Party declares to agree to the new GeneralTerms and Conditions.

15. Conformity and exclusion of liability
15.1 The Products and the content thereof are deliverd by Virtuagym as such, including potential defects.
15.2 Nor Virtuagym, nor her partners or suppliers give any guarantee, explicit of implicit, regarding the functionality of the Products or any content thereof.
15.3 Virtuagym cannot and does not guarantee that the Products are availible at any moment at any location, and that said availability occurs safely, or that any errors will be solved or that the Products are free from viruses or other potentially damaging software or parts.
15.4 The Party acknowledges that the Products may contain potential (hidden) defects and accepts the risks for any direct or indirect damage which may occur thereof. The Party cannot terminate an agreement based on non-compliance.

16. Electronic signature
16.1 By using the Products the Party provides an electronic signature so that these General Terms and Conditions apply.

17. Application and competence
17.1 These General Terms and Conditions replace all prior agreements or commitments, unless these are explicit agreed upon by an authorized director of Virtuagym.
17.2 One or more parts of these General Terms and Conditions may not apply in the applicable legal system. In such a case the remaining parts of this agreement remain valid between parties.
17.3 Dutch Law applies to this agreement. Any disputes which may result from this agreement will be exclusively decided upon by the competent court in Amsterdam, The Netherlands.

By agreeing to the use of the portal and creating an account, you automatically agree to the terms and conditions below. Please read them.

SERVICE AGREEMENT MOTIFAITH PERSONAL TRAINING & COACHING

Motifaith Personal Training & Coaching (hereinafter MPTC), legally represented by Serdar Tohumcu, located in Rotterdam at 1e Jerichostraat no. 20 (hereinafter also referred to as the Principal/Client);

Account holder and represented as a coach by the company specified in the agreement (hereinafter also referred to as the Contractor); hereinafter jointly referred to as "the parties."

CONSIDERING THAT:

a) MPTC has entered into a framework agreement with Basic-Fit for providing personal training at Basic-Fit.
b) The Contractor has indicated to MPTC their wish to work as a personal trainer at the Basic-Fit 1e Jerichostraat location.
The Principal operates as a sports organization in the sport & movement sector;
The Principal, in this context, requires a personal trainer;
The Contractor is able and willing to perform these activities as such;
The Parties explicitly wish to contract with each other solely on the basis of a service agreement (overeenkomst van opdracht) as defined in Article 7:400 et seq. of the Dutch Civil Code;
The Parties expressly do not intend to enter into an employment contract as defined in Article 7:610 et seq. of the Dutch Civil Code;
The Parties choose to exclude, in relevant cases, the deemed employment relationship for equivalent persons as referred to in Article 2c of the Wage Tax Implementation Decree 1965 and Articles 5 of the Decree designating cases in which an employment relationship is considered an employment (Decree of 24 December 1986, Stb. 1986, 655), and to that end draw up and sign this agreement before payment takes place;
The Parties wish to lay down the conditions under which the Contractor will perform its activities for the Principal in this agreement.
c) MPTC wishes to assign the Contractor the task of providing personal training at this Basic-Fit location, under certain conditions.
d) The Parties wish to record in writing the conditions under which the aforementioned assignment is granted and accepted in this agreement.

DECLARE TO HAVE AGREED AS FOLLOWS:

Article 1. Assignment Description

1.1 The Contractor performs the following activities on behalf of the Principal, mandatory for the duration of the agreement: Providing Basic-Fit/MPTC PT introduction sessions and giving personal training, small group training, bootcamp, and nutritional advice.

1.2. The Contractor performs the above-mentioned activities for internal and external clients. Internal clients are defined as: clients who are already members of Basic-Fit and MPTC. External clients are defined as: clients who are brought to the locations by the Contractor and become members of Basic-Fit.
During this contract, all clients are considered internal clients unless the Contractor informs the Principal about their external clients.
The Contractor is obliged to communicate all external clients to the Principal.
If Article 1.2. sub a is not complied with, these clients will be considered internal clients.

1.3. The Contractor shall perform its activities as an independent entrepreneur and shall send its invoices for internal clients directly to the Principal. The Principal is explicitly not a party to that agreement between the Contractor and the relevant external client. Invoicing for external clients will therefore go through the Contractor.
a. The Contractor undertakes to perform these activities to the best of their knowledge, insight, and ability, and as a diligent professional.

1.4. The activities mentioned in Article 1 are performed at Basic-Fit locations.

1.5. Activities (rates, programs, and services) at Basic-Fit locations shall at all times be performed under the auspices of the Principal.

1.6. The Contractor understands that MPTC desires the Contractor's visibility at the facility to offer additional services to its internal clients and Basic-Fit members and to achieve quality in training within the facilities. In this context, MPTC's entrepreneurs, when present at the facilities and if it does not hinder their work with their clients, will answer questions from members and be available for brief advice and service to members if members request it.

1.7. The Contractor is expected to be visible for 20 hours per month, as mentioned above, on the work floor or participate in MPTC's development projects.

1.8. The Contractor organizes their work independently. However, to the extent necessary for the performance of the assignment, coordination with the Principal shall take place in case of collaboration with others, so that it runs optimally. If necessary for the work, the Contractor shall adhere to the time slots (trainings, competitions) at the Principal.

Article 2. Duration of the Agreement

2.1. The agreement commences on the date you register and create an account for yourself or as a coach, and has a validity period of 12 months. No later than 1 month before the end of this period, parties shall evaluate the services and decide on a possible extension under the same or changed conditions.

2.2. Termination must be made no later than 1 calendar month before the end date and must have been received by the other party. If the agreement is not terminated or not terminated in time, the agreement shall be tacitly renewed for one year each time.

2.3. Without prejudice to other provisions in this agreement, each party is entitled to terminate this agreement in writing, without further notice of default or judicial intervention, with immediate effect if:
the other party attributably fails to fulfill an obligation under this agreement, unless the shortcoming does not justify termination with its consequences;
the other party applies for a suspension of payments, or a suspension of payments has been granted to them;
the other party applies for bankruptcy, or has been declared bankrupt;
the other party, insofar as it is a legal entity, is dissolved;
This solely means the complete cessation of his or her activities as an independent entrepreneur, followed by deregistration from the Commercial Register. This expressly does not mean the termination of his or her activities without deregistration or change of name or performance of similar or comparable activities within or with another company. The termination must be substantiated and explained by the relevant party.
In the event that the framework agreement between MPTC and Basic-Fit is terminated, this agreement with the Contractor will also be terminated at the same time. The Principal will inform the Contractor of this in writing as soon as possible.

2.4. A shortcoming within the meaning of Article 2.4 sub a on the part of the Contractor shall in any case include:
repeated failure to comply with the provisions of Article 5 of this agreement, whereby MPTC has pointed out shortcomings to the Contractor at least 3 times, unless the nature and seriousness of the shortcoming do not justify immediate termination;
repeated failure to pay the contribution as stated in Article 3 of this agreement on time or in full;

2.5. Termination of the agreement must be made by registered letter.

Article 3. Contribution and Payment

3.1. For the provision of facilities by MPTC to the Contractor, the Contractor shall pay a monthly contribution.

3.2. The monthly contribution amounts to € 550.00 excluding VAT.

3.3. For the performance of activities for internal clients, the Contractor shall send an invoice to the Principal.

3.4. The Contractor has unlimited access to the fitness facility of Basic-Fit 1e Jerichostraat during regular opening hours, according to their own planning and insight, for providing personal training to his/her clients.

3.5. The Contractor grants MPTC authorization to collect the contribution via continuous SEPA Direct Debit. The Contractor hereby authorizes MPTC to automatically debit the Contractor's bank account. The collection takes place around the 3rd day of each month. The Contractor must ensure that the amount in their bank account is sufficient.

3.6. The Contractor cannot invoke set-off with regard to his/her payment obligation or suspend his/her payment obligation for any reason whatsoever.

3.7. In case of payment arrears, the Contractor may be denied access to the club until payment has been made.

Article 4. Restrictive Covenants and Client Relationships

4.1. Non-Solicitation of Clients
4.1.1. Definition of Clients: For the purpose of this article, "Clients" shall mean:
(a) any individuals or entities who were registered users of the MPTC Mobile Application or platform, and/or who received or inquired about training services facilitated through the MPTC Mobile Application, at any point during the twelve (12) months preceding the termination of the Contractor's Engagement; and
(b) any clients of Basic-Fit or MPTC that the Contractor became acquainted with during their Engagement with MPTC, whether directly or indirectly through MPTC locations or the Mobile Application.
4.1.2. Prohibition: During the Engagement and for a period of twenty-four (24) months immediately following the termination or expiration of this Agreement for any reason, the Contractor shall not, directly or indirectly, for themselves or on behalf of any third party, in any capacity (including as an independent contractor, employee, partner, shareholder, or otherwise):
(a) Solicit, approach, or otherwise induce any Client to cease using MPTC's or Basic-Fit's services (including gym memberships) or the MPTC Mobile Application.
(b) Provide or offer any services that are competitive with, or substantially similar to, the training services offered through the MPTC Mobile Application to any Client.
(c) Accept any engagement or work from any Client for services competitive with, or substantially similar to, the training services offered through the MPTC Mobile Application, even if the Client initiates contact, unless MPTC provides explicit prior written consent.
4.1.3. Legitimate Interest for Non-Solicitation: The Contractor acknowledges that MPTC invests significant resources in acquiring and maintaining its client base, and that the Contractor's access to and interaction with Clients through the Mobile Application and MPTC/Basic-Fit locations provides them with unique insights into client preferences, needs, and contact information. Furthermore, MPTC has a legitimate interest, and a legal obligation under applicable data protection laws (including GDPR), to protect the personal data of its Clients. This article is therefore necessary to safeguard MPTC’s proprietary client relationships, its commercial goodwill, and to mitigate the significant legal and reputational risks associated with the potential misuse of Client personal data by the Contractor after the termination of the Engagement, given the typical client relationship cycle within the fitness and personal training sector.

4.2. Non-Competition (Geographical and Activity Restriction)
During the Engagement and for a period of twelve (12) months immediately following the termination or expiration of this Agreement for any reason, the Contractor shall not, directly or indirectly, perform or offer services that are identical or substantially similar to the training services provided via the MPTC Mobile Application within a two (2) kilometer radius of any physical location where MPTC operates or maintains a presence (including all MPTC/Basic-Fit locations where the Contractor worked or was present during the Engagement).
This restriction specifically includes any other training facility, dojo, or similar establishment located within the same building, or on the same premises, as any MPTC or Basic-Fit location where the Contractor provided services or was present during the Engagement.
This restriction is put in place to protect MPTC's significant investment in its brand, market presence, and unique service delivery model facilitated by the MPTC Mobile Application. It also serves to prevent the Contractor from leveraging specific, confidential knowledge of MPTC's operational strategies and local market insights gained during the Engagement, as well as to prevent direct competition and potential client confusion arising from extreme physical proximity to MPTC's primary business operations.

4.3. Confidentiality of Client Information and Operational Knowledge
The Contractor acknowledges that all information concerning MPTC Clients (as defined in 4.1.1), MPTC's business operations, strategies, pricing, technology, and all other data accessible via the MPTC Mobile Application or gained through the Engagement, constitutes confidential and proprietary information of MPTC. The Contractor agrees not to use, disclose, or retain such information for any purpose other than fulfilling their obligations under this Agreement and providing services strictly through the MPTC Mobile Application and MPTC locations. This obligation shall survive the termination of this Agreement indefinitely.

4.4. Client Transfer and Training Location
Upon termination of this Agreement, the Contractor shall promptly direct any Clients they have been working with through MPTC to MPTC.
During the Engagement, any Clients the Contractor finds at MPTC locations must only be trained at those or other MPTC locations. If the Contractor wishes to train Clients at MPTC locations other than those for which the contract was originally set up, the Contractor must first contact and receive approval from MPTC.

4.5. Penalties for Breach (Boetebeding)
In the event of any breach of Clauses 4.1, 4.2, or 4.3 by the Contractor, the Contractor shall forfeit to MPTC, without demand or notice of default being required, an immediately due and payable penalty of EUR 5,000 (five thousand euros) for each violation, plus a penalty of EUR 500 (five hundred euros) for each day that such violation continues, calculated from the date of the breach until its cessation. This is without prejudice to MPTC’s right to claim full damages (including but not limited to lost profits) in excess of the forfeited penalty, and without prejudice to MPTC’s right to seek specific performance, injunctive relief, or other legal remedies. The Contractor explicitly waives any right to invoke judicial moderation of this penalty clause.

Article 5. Use, Guidelines, and House Rules

5.1. The Contractor possesses current nationally accepted Personal Trainer certification.

5.2. The Contractor possesses valid First Aid and resuscitation certification.

5.3. The Contractor has at least 12 months of relevant experience as a personal trainer in the 3 years preceding the start of work under this agreement.

5.4. The Contractor invoices his/her external clients directly. For this invoicing, the Contractor may, at their discretion, add the logo that is also on the clothing to his/her standard invoice. This logo will then be recognizable to the client as personal training at Basic-Fit 1e Jerichostraat.

5.5. The Contractor wears clothing prescribed by MPTC. The Contractor is not allowed to wear clothing other than this clothing. The Contractor must ensure that the clothing is clean and tidy at all times.

5.6. The Contractor maintains good hygiene and has a neat appearance.

5.7. The Contractor may only train clients who are members of Basic-Fit at Basic-Fit 1e Jerichostraat.

5.8. The Contractor uses the facilities reasonably, without disrupting operations and/or without inconveniencing other Basic-Fit members.

5.9. The Contractor may not use the group rooms for giving personal training or related activities.

5.10. The Contractor shall not use his/her own or other equipment/materials for personal training than those present at Basic-Fit 1e Jerichostraat.

5.11. Before the Contractor enters into a contract for personal training, the Contractor must determine that it is medically/sportingly justifiable.

5.12. The Contractor is not permitted to offer services or products that they provide outside the club to MPTC clients.

5.13. The Contractor is prohibited from promoting (hardcore) bodybuilding within Basic-Fit 1e Jerichostraat. It is also forbidden to trade in substances classified as doping or to be involved in any way with such substances. Advising the use of permitted food supplements and meal replacements is allowed. However, supplying food supplements and meal replacements to Basic-Fit members is not permitted within the club or other Basic-Fit facilities.

5.14. The Contractor is obliged to apply the house rules of Basic-Fit.

5.15. Repeated failure to comply with the provisions of this agreement, whereby MPTC has pointed out shortcomings to the Contractor at least 3 times, will result in the termination of the agreed contract, which will require a fee to be paid to MPTC for the period until the end of the previously agreed contract duration.

Article 6. Access to Basic-Fit 1e Jerichostraat

6.1. The Contractor only has access to the facilities during the normal opening hours of Basic-Fit 1e Jerichostraat, but not during any nighttime opening hours.

6.2. The Contractor has no access to Basic-Fit 1e Jerichostraat on days when the club is occupied due to events or competition or is incidentally closed due to an emergency. If the club is occupied due to events or competition, the Principal will inform the Contractor of this as soon as possible beforehand.

6.3. The Contractor is obliged to use their access card when entering or leaving the club.

Article 7. Contractor's Care
The Contractor must exercise the care of a good contractor in their work. The Contractor is obliged to comply with timely and reasonable instructions regarding the performance of the assignment, without this constituting an employment relationship.

Article 8. Contractor's Independence

8.1. The Contractor hereby declares that they will perform their activities as an independent entrepreneur and will not claim continued payment of wages during illness and vacation days.

8.2. The Contractor will ensure the correct payment of taxes, social contributions, and VAT.

8.3. The Contractor is entirely free to work for third parties, provided that the Contractor does not violate the MPTC contract rules.

Article 9. Indemnification of the Principal
The Contractor indemnifies the Principal in the event that the Principal is held liable by the tax or social insurance authorities for wage tax and/or non-payment of social insurance contributions (both employer's and employee's share) relating to the fees paid to the Contractor and any fines and interest on arrears that may be imposed by these authorities.

Article 10. Contractor's Insurance
The Contractor is insured against possible claims by the Principal through a business liability insurance (AVB).

Article 11. Liability

11.1. MPTC is not liable for any damage suffered by the Contractor in the performance of this agreement, including liability for business damage, other (indirect) damage, salary, and further damage due to the client's or the Contractor's personal trainer's absence.

11.2. In the event that the court should rule that, contrary to what is stated in 11.1, MPTC is nevertheless liable, this liability is limited to the amounts declared by MPTC to the Contractor in the relevant calendar year, excluding VAT, unless there is intent or gross negligence on the part of MPTC and except insofar as the coverage of MPTC's liability insurer allows for broader liability.

11.3. The Contractor indemnifies MPTC against claims from the Contractor's clients concerning personal training.

11.4. The Principal is only liable for direct damage.

11.5. The Principal is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage due to business interruption.

11.6. The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence on the part of the Principal or his/her managing subordinates.

Article 12. Confidentiality
The Contractor is obliged to keep all confidential information of the Principal, such as business data, financial and technical data, to which they have gained access in the context of this agreement, confidential.

Article 13. Final Provisions

13.1. This agreement contains all agreements made between the parties. No general terms and conditions apply to this agreement. Changes, including additions, to this agreement are only valid if they are laid down in writing and signed by both parties.

13.2. If one or more provisions of this agreement prove to be non-binding, the remaining provisions of this agreement shall remain in force between the parties. The parties undertake to replace the non-binding provisions with provisions that are binding, and which deviate as little as possible - given the purpose and tenor of this agreement - from the non-binding provisions.

13.3. Dutch law applies to this agreement. If a dispute arises between the parties regarding the performance of this agreement, they will try to resolve it through mutual consultation. Should the parties fail to do so, they will initially and exclusively submit the dispute to the competent court in the district where the Principal is established, without prejudice to the authority of the preliminary relief judge in urgent matters.

13.4. By agreeing to this contract, the Contractor also agrees to the ethical codes and privacy policy of the MPTC company.