Terms and Conditions

[TRANSLATION FROM DUTCH]

TERMS AND CONDITIONS BIKRAM YOGA HAARLEM

IMPORTANT NOTICE: This is a translation of the ALGEMENE VOORWAARDEN BIKRAM YOGA HAARLEM. The original document is in Dutch. Should any conflict arise between the Dutch version and the English version of this document, the Dutch version is leading.

I. DEFINITIONS

  1. Terms and Conditions: these Terms and Conditions Bikram Yoga Haarlem, which are published on the website of Bikram Yoga Haarlem: www.bikramyogahaarlem.nl. These terms and conditions can also be downloaded in PDF on the Website.
  2. Bikram Yoga Haarlem: the yoga school Bikram Yoga Haarlem which is situated on (2011 LG) Haarlem at Kruisweg 72-zwart and registered at the Chamber of Commerce under number: 50377450.
  3. House Rules: The conduct and social rules as they apply at Bikram Yoga Haarlem as included in article IX. of these Terms of Conditions.
  4. Registration card: the paper registration card to be filled out and signed by each new Student prior to his/her first yoga class at Bikram Yoga Haarlem.
  5. Introduction card: a Class card for new Students as referred to in article V.1.
  6. 10-Class card: a Class card valid for 10 yoga classes as referred to in article V.2.
  7. Class card: a class card issued or to be issued by Bikram Yoga Haarlem and paid or to be paid by the Student valid for participation in yoga classes at Bikram Yoga Haarlem for a certain period and/or for a certain number of yoga classes.
  8. Class schedule: the regular weekly class schedule of Bikram Yoga Haarlem as stated on the Website.
  9. Membership: a membership issued or to be issued by Bikram Yoga Haarlem and paid or to be paid by the Student for unlimited access to all yoga classes on the Class schedule entered into for a Minimum duration.
  10. Membership > 3mths: a Membership for which the Minimum duration is three (3) consecutive months.
  11. Membership > 12mths: a Membership for which the Minimum duration is twelve (12) consecutive months.
  12. Membership form: the form to be filled out and signed by the Student by which the Student grants permission to Bikram Yoga Haarlem to withdraw the Monthly fee via direct debit every month from the IBAN submitted by the Student.
  13. Membership month: the monthly period of a Membership for which the Student pays the Monthly fee.
  14. Single class: a single yoga class to be taken at Bikram Yoga Haarlem paid or to be paid for by the Student other than on the basis of a Membership or Class card.
  15. Monthly fee: the amount the Student pays to Bikram Yoga Haarlem every month via direct debit for his/her Membership.
  16. Minimum duration: the minimum period for which the Membership is entered into. During this period the Membership does not qualify for (early) termination.
  17. Private: a yoga class at Bikram Yoga Haarlem outside of the Class schedule for which the Student makes an appointment and whereby one (1) Student takes class with one (1) yoga instructor, as referred to in article V.4.
  18. Private card: a Class card for Privates at Bikram Yoga Haarlem as referred to in article V.5.
  19. Pre-Membership: a Class card for new Students, to be purchased during the term of the Introduction card, for unlimited access to all yoga classes on the Class schedule for thirty (30) consecutive days as referred to in article V.4.
  20. Student: anyone taking yoga classes or anyone who has signed up for yoga classes at Bikram Yoga Haarlem.
  21. Extension: an extension of the 10-Class card, as referred to in article V.2.3).
  22. Website: Bikram Yoga Haarlem’s website: www.bikramyogahaarlem.nl.
  23. Workshop: a workshop or special class organized by Bikram Yoga Haarlem other than the regular yoga classes on the Class schedule.

II. APPLICABILITY

  1. The Terms and Conditions apply to all Memberships, Introduction cards, 10-Class cards, Single classes, Privates and Private cards at Bikram Yoga Haarlem, as well as to all Workshops at Bikram Yoga Haarlem and to the use of all facilities and services at Bikram Yoga Haarlem.
  2. By filling out and signing Bikram Yoga Haarlem’s Registration card and/or by participating in a yoga class at Bikram Yoga Haarlem, the Student agrees to the applicability of these Terms and Conditions.
  3. Bikram Yoga Haarlem can change these Terms and Conditions at all times. The version of the Terms and Conditions available on the Website is always the latest and applicable version.

III. TAKING YOGA CLASSES – GENERAL

  1. Students must sign up for each class they (want to) take at arrival at Bikram Yoga Haarlem at the front desk on the appropriate sign up sheet prior to class. This also applies if the Student has already registered for the class online.
  2. The Student may participate in the classes on the Class schedule on the basis of a Membership, Class card or Single class.

IV. TAKING YOGA CLASSES ON THE BASIS OF A MEMBERSHIP

  1. First time Membership: Membership options and discounts
    1) When the Student enters into a Membership at Bikram Yoga Haarlem for the first time, he/she can choose from two
    (2) different Memberships: a) Membership > 3mths: This Membership is entered into for a Minimum duration of three
    (3) consecutive months.
    b) Membership > 12mths: This Membership is entered into for a Minimum duration of twelve (12) consecutive months.
    2) When the Student enters into a Membership at Bikram Yoga Haarlem for the first time, the Student receives a discount on his/her Monthly fee for a certain period.
    a) In case of a Membership > 3mths, the Student receives the fourth (4th) month free. No Monthly fee will be withdrawn for this month.
    b) In case of a Membership > 12mths, the Student receives a 25% discount on his/her Membership during the first twelve (12) months (this equals to three (3) of the twelve (12) months free). The 25% discount is given on the Monthly fee. In all twelve (12) months the Monthly fee (minus the discount) is withdrawn.
    3) When the Student has previously entered into a Membership as referred to in article IV.1. the Student does not qualify for the discounts referred to in paragraphs 2) under a) and 2) under b) above.
  2. Membership: conclusion, duration, and conditions
    1) Each Membership entitles the Student to an unlimited number of yoga classes from the Class schedule for the duration of the Membership.
    2) After expiration of the Minimum duration the Membership continues automatically for an indefinite period until it is terminated by cancellation as referred to in article IV.3.
    3) A Membership is strictly personal and not transferable.
    4) A Membership is concluded when the Student has filled out and signed the Membership form. From that time Bikram Yoga Haarlem is entitled to withdraw the Monthly fee and any other indebted fees in relation to the Membership (such as suspension fees and late payment fees) via direct debit from the IBAN submitted by the Student. The Student is henceforth obligated to have the Monthly fee available every month on the date of withdrawal on the IBAN submitted on the Membership form. The date of withdrawal is every following month on the day of the month on which the Membership originally commenced.
    5) De commencing date of the Minimum duration of a Membership is the day the Student concludes the Membership and hereto fills out and signs the Membership form. The Student can use the Membership from that date.
    6) The Monthly fee is due irrespective of whether or not the Student takes yoga classes at Bikram Yoga Haarlem.
    7) See also article VI.2. (PAYMENT AND PRICE CHANGES) for further conditions regarding Memberships.
  3. Membership: termination
    1) Every Membership may be terminated at the end of the Minimum duration with a cancellation period of minimum one (1) Membership month. Cancellation must be done through written notification thereto to Bikram Yoga Haarlem. A notification via email to info@bikramyogahaarlem.nl qualifies as such written notification. A cancellation is definite once the Student receives and email from Bikram Yoga Haarlem to confirm the cancellation. Under no circumstances is verbal cancellation either at the front desk of Bikram Yoga Haarlem and/or via communications to the yoga instructors of Bikram Yoga Haarlem accepted as a valid notification of cancellation.
    a) Example 1: A Membership > 3mths is entered into on March 12, 2016. This means the Membership may be terminated for the first time per June 12, 2016. To terminate the Membership per June 12, 2016, the Student must cancel the Membership via written notification ultimately on May 12, 2016. Cancellation (via written notification) after May 12, 2016 in this example means the Membership can only be terminated per July 12, 2016.
    b) Example 2: A Membership > 12 mths is entered into on February 18, 2016. The Students wants to terminate the Membership per August 18, 2017 (after 18 months). This means that the Student in this example must give written notice of cancellation ultimately by July 18, 2017.
    2) After termination of a Membership the Student may always enter into a new Membership. For this Membership a Minimum duration of three (3) months applies. After expiration of the Minimum duration the Membership may be terminated taking into account the provisions of article IV.3.
    3) In case of termination of a Membership there is no refund of withdrawn Monthly fees. The Students remains liable to pay the Monthly fee every month until the date per which the Membership is terminated in accordance with the provisions of article IV.3.
  4. Membership: suspension
    1) The Student who has purchased a Membership has the option to suspend this Membership once per twelve (12) months for a maximum duration of one (1) month. A written request for suspension must be submitted to Bikram Yoga Haarlem. Such request submitted via email to info@bikramyogahaarlem.nl qualifies as a written request. Under no circumstances will a verbal request for suspension either at the front desk of Bikram Yoga Haarlem and/or via communications to the yoga instructors of Bikram Yoga Haarlem be accepted as a valid request for suspension.
    2) In case of a long-term illness or in case of pregnancy the Membership may be suspended for a maximum of six (6) months. A written request for suspension must be submitted to Bikram Yoga Haarlem and must be accompanied by a doctor’s statement. Such request submitted via email to info@bikramyogahaarlem.nl qualifies as a written request. Under no circumstances will a verbal request for suspension either at the front desk of Bikram Yoga Haarlem and/or via communications to the yoga instructors of Bikram Yoga Haarlem be accepted as a valid request for suspension.
    3) The Student submits his/her request for suspension (as referred to in articles 4.1) and 4.2) above) ultimately seven (7) days prior to the requested start date of the suspension. It is not possible to request a suspension to start less than seven (7) days prior to the date that the suspension is requested.
    4) For suspension of a Membership as referred to in articles 4.1) and 4.2) above a fee of ten (10) euros per Membership month will be charged.
    5) Suspension of a Membership as referred to in articles 4.1) and 4.2) above may alter the withdrawal date of future Monthly fees. The Student is henceforth obligated to have the Monthly fee available every month on the altered date of withdrawal on the IBAN submitted on the Membership form.
    a) Example: A Membership is entered into on February 18, 2016. This means that the Membership months for this Membership run from the 18th of each month to the 18th of the next month. The Student has (timely, in accordance with article 4.3) requested to suspend the Membership from May 23, 2016 until June 10, 2016 (19 days) for a vacation. The current Membership month ran from May 18, 2016 – June 18, 2016. Due to the suspension, this Membership month will now be extended by 19 days and will consequently run until July 6, 2016. All consecutive Membership months will run from the 6th of each month to the 6th of the next month.
    6) A suspension is definite once the Student receives an email from Bikram Yoga Haarlem confirming the suspension.
  5. Membership: early termination
    1) It is not possible to terminate a Membership prior to the expiration of the Minimum duration except in the situation as referred to in paragraph 2) of this article.
    2) In case of long term illness or long-term injury the Student can submit a request for early termination of his/her Membership to Bikram Yoga Haarlem. A written request for early termination must be submitted to Bikram Yoga Haarlem and must be accompanied by a doctor’s statement. Such request submitted via email to info@bikramyogahaarlem.nl qualifies as a written request. Under no circumstances will a verbal request for suspension either at the front desk of Bikram Yoga Haarlem and/or via communications to the yoga instructors of Bikram Yoga Haarlem be accepted as a valid request for early termination.
    3) In case of early termination as referred to in paragraph 2) all received or to be received discounts issued or to be issued during the Minimum duration are cancelled. Bikram Yoga Haarlem is in that case entitled to withdraw all previously issued discounts on the Monthly fees via direct debit. The Student remains liable to pay the Monthly fees until the date of termination.

V. TAKING YOGA CLASSES OTHER THAN ON THE BASIS OF A MEMBERSHIP

  1. Introduction card 1) The Introduction card can only be purchased once and only by new Students. 2) The Introduction card gives unlimited access to all classes on the Class schedule for eight (8) consecutive days. 3) The Introduction card starts on the day that the Student takes his/her first class at Bikram Yoga Haarlem. 4) An Introduction card is strictly personal and not transferable.
  2. 10-Class card 1) The 10-Class card is valid for ten (10) yoga classes at Bikram Yoga Haarlem. 2) The 10-Class card is valid for ninety (90) days from the day that the Student takes his/her first class on this 10-Class card. 3) If after expiration of the ninety (90) days as referred to in paragraph 2) above the Student has classes left on his/her 10-Class card, the Student may purchase an Extension. This Extension entitles the Student to sixty (60) extra days (from the expiration date of the 10-Class card or from the expiration date of a previously purchased Extension) to take the remaining classes. 4) The Student may continue to extend his/her 10-Class card, for sixty (60) days at the time, by purchasing a new Extension every time the previous Extension has expired. 5) Both the 10-Class card and the Extension are strictly personal and not transferable. 6) See also article VI. (PAYMENT AND PRICE CHANGES) under section 4. for further conditions regarding Class cards.
  3. Single class 1) A Single class is valid for one (1) yoga class at Bikram Yoga Haarlem. 2) A Single class is strictly personal and not transferable. 3) See also article VI. (PAYMENT AND PRICE CHANGES) under section 4. for further conditions regarding Single classes.
  4. Pre-Membership 1) The Pre-Membership can only be purchased once and only by new Students during the term of their Introduction card. 2) The Pre-Membership gives unlimited access to all classes on the Class schedule for thirty (30) consecutive days. 3) A Pre-Membership is strictly personal and not transferrable. 4) The Pre-Membership is concluded when the Student has filled out and signed the Pre-Membership form. From this moment Bikram Yoga Haarlem is entitled to withdraw the payment for the Pre-Membership and any other indebted fees in relation to the Pre-Membership (such as late payment fees) via a single direct debit from the IBAN submitted by the Student. The Student is henceforth obligated to have this payment (and other fees when applicable) available on the date of withdrawal on the IBAN submitted on the Pre-Membership form. The date of withdrawal is on or within 14 days after the date of signing of the Pre-Membership form. 5) The Pre-Membership starts on the day that the Student takes his/her first class at Bikram Yoga Haarlem after the Student’s Introduction card has expired. 6) If the Student, during the term of his/her Pre-Membership, concludes a Membership as referred to in article IV. above, the Student receives a 25% discount on his/her Pre-Membership. This 25% discount is settled with the first Monthly fee of the relevant Membership. 7) The payment amount for the Pre-Membership is due irrespective of whether or not the Student takes classes at Bikram Yoga Haarlem. 8) See also article VI.4. (PAYMENT AND PRICE CHANGES) for further conditions regarding Pre-Memberships.
  5. Privates and Private cards 1) A Private is valid for one (1) Private at Bikram Yoga Haarlem. 2) A Private card is valid for five (5) Privates at Bikram Yoga Haarlem.
    3) In case of payment per Private the Student may choose a 60 minutes or 90 minutes Private. 4) In case of a Private card the Student may choose the Private card 60 (five 60 minutes classes) or the Private card 90 (five 90 minutes classes). 5) All Privates are performed at Bikram Yoga outside of the Class schedule and only by appointment. 6) The Student requests a Private at Bikram Yoga Haarlem via the contact form on the Website or via email to info@bikramyogahaarlem.nl. 7) All Private cards are valid for (90) days from the day that the Student takes his/her first Private on this Private card. 8) All Privates and Private cards are strictly personal and not transferable. 9) See also article VI.4. (PAYMENT AND PRICE CHANGES) for further conditions regarding Private classes and Private cards.

VI. PAYMENT AND PRICE CHANGES

  1. General 1) All yoga classes and/or Workshops at Bikram Yoga Haarlem must be paid in full prior to the yoga class or Workshop taking place. 2) All Class Cards and Private cards must be fully paid prior to the first class on these cards taking place. 3) All sales at Bikram Yoga Haarlem or through the Website are strictly personal and not transferable. Bikram Yoga Haarlem does not give refunds. 4) Bikram Yoga Haarlem reserves the right to change the prices of Memberships, Class cards, Single Classes, Privates and Private card and/or other products and/or services. 5) Price changes do not apply to past sales, except for the situation of paragraph 2. under 4) of this article and taking into account paragraph 2. under 5) of this article.
    6) Price changes as referred to in this article are announced in advance in the common areas of Bikram Yoga Haarlem and/or via email and on the Website.
  2. Membership 1) Students can only purchase a Membership through payment via direct debit. The date of withdrawal is each consecutive month on the same day of the month that the Membership originally commenced. 2) If the Monthly fee cannot be withdrawn a payment of ten (10) euros for administrative costs will be charged in addition to the outstanding Monthly fee. In case of default of payment Bikram Yoga Haarlem reserves the right to suspend a Student’s account until payment is received in full. The Student remains liable to pay the outstanding Monthly fees without prejudice. 3) If the Student has payment arrears of more than fourteen (14) days, Bikram Yoga Haarlem may suspend or terminate the Student’s Membership. The Student remains liable to pay the outstanding fee until the date of suspension or termination also after suspension or termination. If the payment arrear arises during the Minimum duration, the Student also remains liable to pay the Monthly fees until the end of the Minimum duration also after the suspension or termination as referred to in this paragraph. 4) Bikram Yoga Haarlem reserves the right to change the Monthly fee during the duration of a Membership. 5) The Monthly fee cannot be changed for the Student during the Minimum duration of a Membership.
  3. Pre-Membership 1) The Student can only purchase a Pre-Membership through payment via a (single) direct debit. 2) If the payment amount for the Pre-Membership cannot be withdrawn a payment of ten (10) euros for administrative costs will be charged in addition to the outstanding payment amount. In case of default of payment Bikram Yoga Haarlem reserves the right to suspend a Student’s account until payment is received in full. The Student remains liable to pay the outstanding payment without prejudice. 3) If the Student has payment arrears of more than fourteen (14) days, Bikram Yoga Haarlem may suspend or terminate the Student’s Pre-Membership. The Student remains liable to pay the outstanding payment also after suspension or termination.
  4. Introduction card, 10-Class cards, Single classes, Privates and Private cards The Student may purchase the Introduction card, 10-Class cards, Single classes, Privates and Private cards cash or via PIN at the front desk of Bikram Yoga Haarlem or purchase these online via the Website via the payments methods offered on the Website.

VII. CLASS SCHEDULE

  1. The Class schedule is on the Website. Bikram Yoga Haarlem reserves the right to change the Class schedule at any time. Potential temporary or definite changes are, as far as possible, announced in advance by means of posters in the common areas of Bikram Yoga Haarlem, announcement on the Website and/or via email.
  2. Bikram Yoga Haarlem is open year-round. Bikram Yoga Haarlem reserves the right to close the yoga school or to change the Class schedule on previously announced dates or dates to be announced (for example holidays).
  3. Bikram Yoga Haarlem reserves the right to cancel a yoga class from the Class schedule, or to change the yoga instructor mentioned on the Class schedule.

VIII. RESERVE

  1. Students may make a reservation for yoga classes via the Website.
  2. It is not mandatory to make a reservation and there are no costs involved in making a reservation.

IX. HOUSE RULES

  1. All Students must take into account the following House rules of Bikram Yoga Haarlem: 1) Come to class clean and fresh. The use of scentless deodorant is recommended.
    2) Do not wear perfume, aromatherapy oils and/or other scents and do not use perfume sprays or deodorant sprays within the common areas of Bikram Yoga Haarlem. 3) Wear clean and appropriate yoga clothing during the yoga classes, in which it is easy to move and sweat. 4) Always follow the instructions of the yoga instructor(s). 5) Be considerate of the other Students by taking short showers after your yoga class. 6) The use of (disposable) razors and/or nail clippers by Students is not allowed in the (shower) areas of Bikram Yoga Haarlem. 7) Leave shoes and (outside) sandals at the shoe bench at the front door of Bikram Yoga Haarlem. Flip-flops are allowed inside (except in the yoga room) if they have never been worn outside. Bare feet only in the yoga room. 8) A rubber “sticky” yoga mat and towel (large enough to cover most of the yoga mat) are mandatory for all yoga classes. Students may bring these themselves. Bikram Yoga Haarlem offers yoga mats and yoga towels to rent or for sale at the front desk. 9) To allow everyone optimum rest, Students are requested to be quiet in the yoga room before, during and after the yoga class and to speak quietly in all other common areas of Bikram Yoga Haarlem. 10) Participating in the yoga classes under the influence of alcohol and drugs is strictly prohibited. 11) Smoking is prohibited in all common areas of Bikram Yoga Haarlem, including the toilets, the garden and directly in front of the doors of Bikram Yoga Haarlem. 12) Mobile phones, tablets and other electronics must be switched off at arrival. Bringing these and other valuables is at your own risk. 13) Leave valuables at home. 14) The (physical) integrity of Students must be respected at all times. Sexual behavior or sexually oriented behavior is not tolerated at Bikram Yoga Haarlem.
  2. Bikram Yoga Haarlem reserves the right to deny access to Bikram Yoga Haarlem to Students who, in her opinion, are not complying to the House rules as referred to in article IX.1. above and to terminate the Membership or the Class card of the Student without refunding prior payments. Pre-existing payment obligations of the Student concerned will in that case remain unabated.

X. LIABILITY

  1. Participation in yoga classes and/or Workshops 1) The Student participates in the yoga classes and/or Workshops at his/her own risk. 2) Bikram Yoga Haarlem does not accept any liability for injury, loss or damage in relation to Students participating in the yoga classes and/or Workshops. 3) Bikram Yoga Haarlem only employs certified yoga instructors. 4) To minimize potential risks at injury and damage Bikram Yoga Haarlem offers the following guidelines for Students. It is up to the Student to comply with these guidelines: a) Make sure that you understand the content of the yoga classes prior to participating in the yoga classes. You may consult the Website to this end and contact Bikram Yoga Haarlem for further information or explanation by sending an email to info@bikramyogahaarlem.nl. b) If you are unsure if you are physically able to participate in the yoga classes: Always consult your doctor and/or the practitioner who is treating you prior to taking part in the yoga classes. c) If you have (recently) had surgery, have chronic health problems, an injury and/or are otherwise receiving medical treatment: Always consult your doctor and/or the practitioner who is treating you prior to taking part in the yoga classes. d) If you are pregnant: Always consult your doctor and/or midwife prior to taking part in the yoga classes. e) If one (or more) of the situations referred to in paragraphs b), c) and/or d) apply to you or if you have other physical problems, always mention this prior to the yoga class to the yoga instructor who is teaching. f) Listen to and follow the instructions of the yoga instructor who is teaching. g) Execute the breathing exercises and yoga postures carefully and calmly and be aware of your (physical) limits. h) Do not force anything during the yoga classes and do not execute any yoga postures that are painful. i) Ask questions to the yoga instructor who is teaching if you do not understand an exercise or posture or if you do not understand an instruction.
  2. Loss of and damage to belongings 1) Leaving belongings in the changing rooms or other areas of Bikram Yoga Haarlem is at the Student’s own risk. 2) Bikram Yoga Haarlem does not accept any liability for loss or damage in relation to Students leaving belongings behind at Bikram Yoga Haarlem. 3) Bikram Yoga Haarlem keeps all items left behind (further: “lost and found”) for four (4) weeks. After four (4) weeks Bikram Yoga Haarlem will take the lost and found to a thrift store or throws these away, without the Student being entitled to any form of compensation.

XI. PRIVACY – PERSONAL DATA

  1. Bikram Yoga Haarlem collects personal data of the Students to keep up her membership records, to execute payment orders and for administrative- and information purposes. Bikram Yoga Haarlem handles this personal data carefully and observes the provisions of the Dutch Data Protection Act (Wet Bescherming Persoonsgegevens).
  2. Bikram Yoga Haarlem uses the personal data as referred to in XI.1. inter alia to inform Students of events organized by Bikram Yoga Haarlem and of potential changes to the Class schedule.
  3. If a Student does not wish to receive the information referred to in paragraph 2. above the Student may communicate this to Bikram Yoga Haarlem by sending an email to info@bikramyogahaarlem.nl. The Student understands that in that case it is not possible to make use of all online services and products.
  4. Bikram Yoga Haarlem never passes on the personal data of her Students to third parties without prior written consent from the Student concerned.

XII. APPLICABLE LAW

  1. Dutch law applies to these Terms and Conditions.
  2. All disputes arising in connection with the Terms and Conditions, a Membership, and/or other sales or services of Bikram Yoga Haarlem, including disputes about the existence and the validity thereof, will be settled by the competent court in the Netherlands.
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