CONVOY TERMS AND CONDITIONS

ARTICLE 1: DEFINITIONS
In these terms and conditions, the following terms are defined as follows, unless explicitly stated otherwise or the context indicates otherwise:
1. The Organization: Convoy.
2. KVK Number: 76376923, registered under the name: Convoy V.O.F.
3. Agreement: The contract between Convoy and the Participant, established based on these terms and conditions, wherein the Participant enters into a written agreement for the training services provided by Convoy.
4. Subscription: This term also refers to the Agreement between Convoy and the Participant.
5. Participant: The natural person who enters into an Agreement with Convoy.
6. Personal Trainer: The natural person who provides training services on behalf of Convoy.
7. Training: The (personal) training session conducted by Convoy.
8. Group Class: A fitness class involving multiple participants led by an instructor.
9. Personal Training Session: A one-on-one training session with a Personal Trainer.
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ARTICLE 2: APPLICABILITY
These terms and conditions apply when the Participant registers, directly or indirectly, for Personal Training and/or fitness classes and/or fitness open gym at Convoy. An Agreement is established following the Participant’s written registration with the Organization. The registration must be completed, signed, and returned to Convoy. Deviations from these terms and conditions are only valid if explicitly agreed upon in writing.

Convoy reserves the right to modify these terms and conditions unilaterally, with any changes communicated to the Participant in advance. Continued use of Convoy’s services following such modifications constitutes acceptance of the updated terms.

Should any provisions in these terms and conditions be declared void or invalid, the remaining provisions will continue to apply in full. The void or invalid provisions will be replaced by Convoy in a manner that aims to maintain the original intent and purpose of the provisions.
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ARTICLE 3: INTAKE PROCEDURE
To ensure responsible participation in sports, the Participant must undergo an intake interview prior to engaging in any activities. The intake form must be fully and truthfully completed and signed. Based on the information provided in the intake form and during the interview, a Participant may be denied participation without the need for explanation.
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ARTICLE 4: OFFERS
All offers and quotations are non-binding unless expressly stated otherwise. Offers or quotations do not automatically apply to future Agreements. Convoy is not bound by evident errors or mistakes in publications, agreements, quotations, or any other correspondence.
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ARTICLE 5: BILLING
5.1 All subscriptions must be paid in advance, exclusively via bank transfer or direct debit. Payment in installments is only permitted if agreed upon in advance. In the event of late or incomplete payment, Convoy reserves the right to terminate the Agreement, and the Participant will be liable for all costs incurred by Convoy, including but not limited to extrajudicial collection costs, administrative costs, and legal interest. If Convoy does not terminate the Agreement, it reserves the right to deny the Participant access to activities until the full amount is received. The duration of the activities will not be extended due to suspension, meaning that any lessons for which payment is due may be forfeited.
5.2 If the payment term is exceeded, the Participant owes statutory interest from the date the amount due becomes payable until payment is made, in accordance with Article 6:119 of the Dutch Civil Code. Payments made by the Participant will first be applied to accrued interest, followed by collection costs, with any remaining amount applied to the principal.
5.3 All terms and prices for direct debit authorization and/or bank payments are based on a subscription agreement of at least 3 months. Automatic payments are processed in advance by the fifth of the first full month.
5.4 If registration occurs during an ongoing month, the Participant will pay the prorated remaining amount from the date of registration until the first of the following month.
5.5 The services provided by Convoy are subject to VAT rates of 21% and 9%. VAT rates may change.
5.6 Convoy reserves the right to implement interim price increases due to unforeseen circumstances, including VAT increases. In such cases, the Participant has the right to terminate the Agreement.
5.7 Invoicing will be conducted via email unless the Participant expressly requests a paper invoice.
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ARTICLE 6: SUBSCRIPTIONS
The initial subscription is for a specific duration. Upon expiration, unless canceled, it will automatically convert into a subscription of indefinite duration unless otherwise agreed. Rights arising from memberships are strictly personal and non-transferable. The subscription has a minimum duration of 1 month and a maximum duration of 24 months, depending on the type of contract.
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ARTICLE 7: (TEMPORARY) SUSPENSION OF THE SUBSCRIPTION
7.1 To terminate a subscription after a specified period, the Participant must provide written notice to Convoy’s management via email (info@convoygym.com) at least one calendar month in advance.
7.2 Early termination of a subscription for a specified period is not permitted. Temporary suspension of the subscription is possible only with a written request accompanied by a statement from a recognized doctor or therapist indicating that participation in certain activities is medically unadvisable. Upon management’s approval, the subscription will be suspended for a maximum of three months. At the end of the subscription period, the suspended duration will be credited as training days equal to the number of training days missed during inactivity. The payment obligation remains unchanged during temporary suspension.
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ARTICLE 8: APPOINTMENTS AND ACCESS PASS, SAVING CREDITS
8.1 Upon confirmation of registration and establishment of the Agreement, Convoy will inform the Participant of the location and time of the training session. If an appointment cannot take place, Convoy may reschedule in consultation with the Participant. Cancellations must be made by the Participant at least 24 hours in advance; failure to do so will result in the training session being charged. The contract duration may be extended due to missed sessions. Convoy reserves the right to cancel training sessions with at least 2 hours’ notice. In case of illness, the Personal Trainer must inform the Participant promptly to arrange a new appointment.
8.2 Upon Agreement, the Participant will receive a digital access pass for entry to the training facility, only with a valid membership
8.3 Members with a personal training membership must use their allocated credits within the same calendar week. Unused credits will expire and cannot be carried over. For packages (e.g., personal training packages), credits can be utilized throughout the contract period. It is important to note that personal training memberships do not allow for credit rollover between weeks.
8.4 Members with a classes membership of 4 credis per 4 weeks or 8 credits per 4 weeks cannot arry over credits to the next block of 4 weeks. If you have these type of memberships you do not receive a personal access key for 07:00-22:00 everyday.
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ARTICLE 9: OPENING HOURS
Convoy reserves the right to modify the class schedule periodically or permanently if deemed necessary. Classes may also be canceled on recognized public holidays. Canceled training sessions may be rescheduled or postponed. The open gym with personal access key is everyday 07:00-22:00.
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ARTICLE 10: TRAINING PROGRAM
10.1 Convoy is obligated to provide high-quality guidance to the Participant during training sessions, utilizing qualified trainers in alignment with training program goals. While Convoy strives to meet these obligations, it does not guarantee that the desired results will be achieved, as success also depends on the Participant’s commitment.
10.2 Convoy determines the execution of the Agreement and the personnel involved.
10.3 Training appointments may only be attended by individuals registered with Convoy. Prior consent from Convoy is required for any exceptions.
10.4 The Participant must arrive punctually for all training appointments.
10.5 Prior to training, the Participant must declare they are, to the best of their knowledge, in good health and physically able to follow the Personal Trainer’s instructions. If there are any doubts regarding their health, the Participant must consult a recognized physician or therapist before entering into the Agreement or at the time of the Agreement. Throughout the Agreement’s duration, the Participant must report any pain, discomfort, abnormal fatigue, or changes in their physical condition before, during, and after training.
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ARTICLE 11: CONDUCT AND INSTRUCTIONAL REGULATIONS
11.1 The Participant or visitor must adhere to the instructions and regulations established by Convoy regarding attire, order, and discipline. Violations may result in denied access to classes and immediate termination of the subscription, without reduction of costs or refunds.
11.2 Convoy reserves the right to verify the Participant’s digital access pass or membership card at any time.
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ARTICLE 12: DRESS CODE
Participants are required to wear appropriate sports attire and sports shoes during training sessions.
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ARTICLE 13: LIABILITY
13.1 Convoy shall not be liable for damages resulting directly or indirectly from:
• Events beyond its control (force majeure), as defined in Article 14.2.
• Any acts or omissions by the Participant, including but not limited to inadequate health or fitness, overestimating abilities, and disregarding instructions. The Participant acknowledges that engaging in sports involves risks and must adhere to instructions.
13.2 Convoy is not liable for damages resulting from reliance on incorrect or incomplete information provided by the Participant.
13.3 Participation in activities during training sessions is at the Participant’s own risk. The Participant is personally liable for any damage caused to themselves or third parties during training. Convoy cannot be held liable for injuries, wounds, fractures, or any other physical or mental injuries sustained during training or resulting from following Convoy’s training advice or instructions, which are always non-binding. Costs arising from accidents or injuries sustained during training are the sole responsibility of the Participant.
13.4 Convoy is not liable for damage, loss, theft, or disappearance of the Participant’s belongings in and around the training location. Lost property can be retrieved at the reception.
13.5 Convoy accepts no liability for indirect or consequential damages.
13.6 Each Participant entering into the Agreement must have health insurance.
13.7 In the event of hazardous weather conditions, such as thunderstorms, extreme heat, snow, or other inclement weather, the Participant acknowledges full responsibility for their safety, and Convoy reserves the right to cancel training sessions as deemed necessary.
13.8 If Convoy is found liable for any damages, its liability shall be limited to the amount paid by Convoy’s insurer. If the insurer does not provide compensation or if the damage is not covered by insurance, Convoy’s liability shall be restricted to the amount that the Participant has paid to Convoy for the execution of the Agreement.
13.9 If the Participant or any third party enters the training space, Convoy cannot be held liable for activities or incidents that occur outside of designated training areas. The Participant and any third parties assume full responsibility for any damage incurred.
13.10 If the Participant or any third party is present in the training space without supervision, Convoy cannot be held liable for activities or incidents that occ
ARTICLE 14: FORCE MAJEURE
14.1 Obligation of Convoy: Convoy is not obliged to fulfill one or more obligations under the Agreement in the event of force majeure.
14.2 Definition of Force Majeure: Force majeure includes, but is not limited to, circumstances such as:
• Failures attributable to third parties
• Illness of the Personal Trainer
• Traffic accidents and disruptions
• Virus infections
• Unauthorized computer access
• Adverse weather conditions
• Natural disasters
• Internet disruptions
• Power outages
• Fire
• Theft
• Governmental measures
• Any other situation beyond the control of Convoy
14.3 Alternative Arrangements: In the event of force majeure, Convoy will make reasonable efforts to offer training sessions in an alternative format for Participants.
14.4 Billing During Force Majeure: Billing will continue during force majeure unless Convoy provides written notice to Participants stating otherwise.
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ARTICLE 15: TERMINATION
15.1 Grounds for Termination: Any action, omission, or behavior by a Participant or visitor that violates any provision of these regulations, or any actions that could harm the reputation of Convoy, grants Convoy the right to consider the Agreement wholly or partially terminated with immediate effect. Convoy may deny access to classes without the Participant being entitled to any refund of membership fees or compensation.
15.2 Prohibition of Substances: The use of drugs, alcohol, or any intoxicating or stimulating substances during or prior to training is strictly prohibited. Discovery of such use will result in immediate termination of the Agreement. The only exception is with an official Convoy Event, initiated by Mathijs or Celine.
15.3 Retroactive Termination: The Agreement cannot be terminated retroactively.
15.4 Early Termination Conditions: Upon entering the Agreement, the contract term is established. Early termination by the Participant is only possible for medical reasons, supported by a medical certificate from a recognized healthcare provider.
15.5 Refund Policy: Under no circumstances is the Participant entitled to a refund of membership fees.
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ARTICLE 16: PRIVACY
16.1 Data Protection Commitment: Convoy treats Participants’ personal data with utmost care. Personal data is used solely for administrative purposes and will not be shared with third parties. Convoy complies with the General Data Protection Regulation (GDPR).
16.2 Data Retention Policy: Intake forms completed more than one year ago for Participants who have completed a program with Convoy will be deleted. Upon request, Participants may have their data deleted earlier after completing the program; however, training data may be retained for future reference.
16.3 Invoice Data Retention: Personal data included in invoices must be retained for a minimum of seven years in accordance with legal obligations and cannot be destroyed upon request.
16.4 Notification of Changes: Participants must immediately inform Convoy of any changes to their personal data.
16.5 Confidentiality Obligation: Both parties are obliged to maintain the confidentiality of all confidential information obtained from each other or another source in relation to this Agreement. Information is considered confidential if designated as such or if its nature implies confidentiality. The receiving party will only use confidential information for the purpose for which it was provided.
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ARTICLE 17: INTELLECTUAL PROPERTY
17.1 Participant Rights: The Participant retains the rights and powers to which they are entitled under the Dutch Copyright Act. Models, methodologies, personal booklets, and tools developed and/or applied by Convoy for the execution of the Agreement remain the property of Convoy. Any publication or disclosure is only permitted after obtaining written approval from Convoy.
17.2 Use of Provided Documents: All documents provided by Convoy, including reports, advice, training and nutrition plans, assignments, designs, sketches, drawings, software, etc., may only be duplicated by Convoy for internal use within its own organization. Documents provided by the Participant to Convoy may not be disclosed or provided to third parties without prior consent from the Participant.
17.3 Recording Policy: It is prohibited to make audio or video recordings of training sessions and/or Personal Trainers without prior consent from Convoy.
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ARTICLE 18: DISPUTES AND APPLICABLE LAW
18.1 Complaint Procedure: Participants may direct any complaints to Convoy.
18.2 Governing Law: All rights, obligations, offers, and Agreements to which these terms and conditions apply are exclusively governed by Dutch law.
18.3 Jurisdiction: All disputes arising from or related to agreements between the Participant and Convoy will be submitted to the competent court in the district where Convoy is established. The Participant has one month from the date Convoy invokes this clause in writing to choose resolution of the dispute by the competent court. This clause does not affect Convoy’s right to bring proceedings before the court that has jurisdiction under standard competency rules.
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ARTICLE 19: MISCELLANEOUS PROVISIONS
19.1 Rate Adjustments: Convoy reserves the right to adjust the rates posted on the website and the provisions in these terms and conditions at any time. Any price increases will be communicated to Participants with a notification period of at least 1 month prior to the implementation of the new rates.
19.2 Member Awareness: All members must be aware of these terms and conditions.
19.3 Management Decisions: Any cases and/or situations not covered by these terms and conditions will be exclusively decided by Convoy’s management.
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ARTICLE 20: CAMERA SURVEILLANCE
20.1 Purpose of Surveillance: At Convoy Gym, we prioritize the safety and security of our members and employees. Cameras are installed to ensure the safety of visitors and staff, prevent unauthorized access, and protect the property of Convoy Gym. Surveillance is conducted in public areas only, such as entrances, exercise rooms, and parking lots. No cameras are installed in private areas like changing rooms or bathrooms.
20.2 Data Collection and Use: The video footage collected by the cameras is stored securely and is only accessed in the event of an incident, such as theft, vandalism, or physical threats. Access to this data is restricted to authorized personnel only.
20.3 Retention Period: Camera footage is stored for a maximum of 4 weeks, unless a specific incident requires further investigation, in which case the relevant footage may be stored longer.
20.4 Transparency and Notification: Signage is placed at the entrance and throughout Convoy Gym to inform visitors about the use of camera surveillance. Members can request information about the exact camera locations and how their data is processed.
20.5 Member Rights: Under the GDPR, members have the right to access footage in which they are visible, request corrections, or request deletion of footage if there is no longer a legal basis to retain it. Requests can be made via our Data Protection Officer (DPO). By entering Convoy Gym, you agree to these terms regarding camera surveillance.
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ARTICLE 21: RESTRICTED AREAS
21.1 Private Kitchen Area: The kitchen area (near the drop pads) is designated for staff use only. Members are not permitted to enter or use this space under any circumstances.
21.2 Space Behind the Skull: Access to the area behind the skull (door behind the couch) is restricted for staff use only. Members should refrain from entering this area.
21.3 Storage Closets: The two closets located beside the squat racks are private storage areas for gym equipment and staff materials. Members are prohibited from accessing or tampering with these closets.
21.4 Violation Consequences: Violation of these rules may result in immediate disciplinary action, including suspension or termination of membership.
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ARTICLE 22: PENALTY FOR NOT CLOSING DOORS OR WINDOWS
22.1 Member Responsibility: All members are obligated to ensure that all gym doors and windows are securely closed when they are the last person to leave the premises.
22.2 Penalty for Non-Compliance: Failure to comply with this requirement will incur a penalty of €200. This fine is established to maintain the safety and security of both the facility and its members. Members will receive written notification regarding the fine following any violation.
22.3 Liability for Damages or Loss: In cases where items are stolen, damaged, or broken due to an unlocked door or window, the responsible member who failed to secure the premises will be held liable for the costs of replacement or repair.
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ARTICLE 23: ACCESS KEY POLICY
23.1 Sharing Prohibition: Members are strictly prohibited from sharing their personal access keys with anyone. If you allow an individual who is not a registered member with valid credentials to enter using your access key, you will be subject to a fine of €200.
23.2 Guest Access Procedure: To gain access for a guest or any other individual, you must request permission in advance via email and complete the necessary registration process. Non-compliance with this policy will result in penalties to uphold the safety and integrity of the facility.
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ARTICLE 24: SAFETY NOTICE
24.1 Safety Protocol: If you find yourself alone in the gym, keep the front door closed to prevent unauthorized access for your own safety. The door will autolock, ensuring that only individuals with a valid access key can enter. Anyone else must make an appointment with a trainer via the website to gain access.
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ARTICLE 25: ACCESS KEY POLICY FINE
25.1 Fine for Violations: Members are subject to a €200 fine for violations of the access key policy, including sharing access keys with unauthorized individuals. To ensure the security of the facility, members must adhere strictly to this policy.
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ARTICLE 26: SAFETY MEASURES
26.1 Departure Protocol: When leaving the gym, always check that the door is locked behind you. Do not open any windows adjacent to the front door, as this can compromise the safety and security of the facility.
ARTICLE 27: TRAINING AT YOUR OWN RISK
27.1 Personal Responsibility: All training sessions at Convoy Gym are conducted at the Participant’s own risk. Participants acknowledge that engaging in physical activities, including but not limited to weightlifting, cardiovascular exercises, and group classes, involves inherent risks that may lead to injury or other health-related issues.
27.2 Disclosure of Health Issues: Participants are obliged to disclose any pre-existing health issues, injuries, or medical conditions to Convoy prior to engaging in any training activities. This information is critical for ensuring the safety of the Participant and may affect the suitability of certain exercises or training programs.
27.3 Safety Guidelines:
• Training Alone: If Participants choose to train alone, they must adhere to specific safety guidelines, particularly when using equipment such as squat racks and bench presses. It is strongly advised that Participants perform squats and bench presses only within the designated racks.
• Spotters: For exercises that may require additional support or safety measures, such as heavy lifts, Participants are encouraged to use a spotter or request assistance from available gym staff.
27.4 Acknowledgment of Risk: By participating in training sessions at Convoy Gym, Participants acknowledge and accept that they are fully responsible for their actions and any resulting injuries. Convoy Gym cannot be held liable for any injuries, accidents, or damages that occur as a result of participating in training activities, regardless of whether such injuries occur in supervised or unsupervised settings.
27.5 Insurance Requirement: Participants are strongly advised to have personal health insurance that covers injuries sustained during physical activities. Proof of health insurance may be requested by Convoy as part of the registration process.
27.6 Emergency Protocol: In the event of an injury, Participants must immediately notify gym staff and seek medical attention if necessary. Convoy Gym is equipped to provide first aid; however, Participants remain responsible for any medical expenses incurred due to injuries sustained while training.
27.7 Compliance with Instructions: Participants must comply with all instructions provided by Convoy staff and adhere to established safety protocols at all times. Failure to follow these guidelines may result in restricted access to training facilities or termination of membership.
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ARTICLE 28: USE OF IMAGES AND VIDEOS
28.1 Consent for Recording: By participating in training sessions at Convoy Gym, Participants grant Convoy the right to take photographs and record videos during training sessions and events. This includes images or videos that may feature Participants engaged in physical activities.
28.2 Purpose of Use: The images and videos collected may be used for promotional purposes, including but not limited to:
• Marketing materials
• Social media content
• Website publications
• Advertising campaigns
• Other promotional activities that support the objectives of Convoy Gym
28.3 Non-Compensation Agreement: Participants acknowledge that they will not receive any compensation for the use of their likeness in any form of media, as described in this article.
28.4 Right to Withdraw Consent: Participants have the right to withdraw their consent for the use of their images or videos at any time. To do so, they must submit a written request to Convoy, specifying the images or videos they wish to exclude from future use.
28.5 Compliance with GDPR: Convoy Gym is committed to protecting the personal data of its Participants in accordance with the General Data Protection Regulation (GDPR). Personal data captured in images or videos will be processed in compliance with applicable data protection laws. Participants can request access to their personal data, including images and videos, and may ask for corrections or deletions where applicable.
28.6 Notice of Filming: Convoy Gym will ensure that Participants are informed in advance if filming or photography is scheduled for a specific event or session. Notices will be posted in common areas and/or communicated via email.
28.7 Contact for Queries: Any questions regarding the use of images or videos, or the withdrawal of consent, can be directed to the Data Protection Officer (DPO) at Convoy Gym.

General Terms and Conditions of Convoy (version October 2024)