Terms and Conditions

Welcome to Dymphy Fit! By using our app, website, and services, you agree to the following terms and conditions. Please read them carefully before accepting.

These terms and conditions were amended on September 11, 2024. By continuing to use the Dymphy Fit services after changes to these terms, you agree to the new terms.

1. Definitions

1. App: The Dymphy Fit mobile application.
2. Client: Any user of the Dymphy Fit services, including personal training, coaching, and online programs.
3. Credits: Units purchased by the Client that can be used for booking, for example, personal training sessions and/or coaching calls.
4. Dymphy Fit: The party with whom the Client enters into an agreement for the provision of services.
5. Gym Base: The location of the gym where Dymphy Fit is situated.
6. Membership: An automatically renewing subscription entered into for a minimum period and billed every 4 weeks. A membership can be the Kickstart Program, the Level Up Program, or the online memberships Fit From Home and the Online Program. The Athlete Program and Pro Membership are also Memberships, but different terms apply to these (see 4.5 “Special Terms for Athlete Program” and Chapter 5 “Pro Membership”).
7. Package: A one-time payment through which the Client receives a number of Credits to use for, for example, personal training sessions and/or coaching calls. A Package can, for instance, be a 10 Pack Sessions or Life Coaching.
8. Pricing Sheet: The PDF document from Dymphy Fit that displays the various options for Memberships and Packages.

2. Description of Services and Pricing Sheet

The Pricing Sheet outlines the different Memberships and Packages that the Client can purchase. To clarify what certain services in the Memberships and/or Packages entail, an explanation is given below.

What is stated in the Pricing Sheet is always leading, subject to obvious (typing) errors.

2.1. Personal Training

1. Description: Personalized training sessions tailored to the Client’s fitness level and personal health goals. Each session lasts 60 minutes and includes a combination of strength training, cardio exercises, and flexibility training, in line with the Client’s goals. Personal training sessions that are part of the Athlete Program last 90 minutes. Personal training can be purchased in the form of Packages and Memberships.
2. Trainers: All trainers are certified with an EREPS Milo Education diploma. They have additional certifications in strength, conditioning, and rehabilitation training.
3. Available Times: Sessions can be booked between 07:00 and 21:00 on weekdays and between 08:00 and 17:00 on weekends, depending on the availability of the personal trainer and coach.
4. Booking Process: Clients can book sessions via the App up to 24 hours before the desired time. Booked sessions must be canceled at least 24 hours in advance in the App to receive the used credit back.
5. Included: Personalized training sessions, nutritional advice, lifestyle advice, evaluations, and continuous support.
6. Expected Results: Noticeable improvements in strength and endurance within 6 to 12 weeks, depending on the frequency and commitment during training sessions.

2.2 Online Personal Training Programs: Online Training Program and Athlete Program

1. Description: Online coaching offers flexibility for Clients who work remotely on their fitness goals. These programs are for advanced Clients who train independently 4 to 6 times a week in the gym. The programs include check-ins via WhatsApp, video analysis, and adjustments to the program. The Online Training Program is an “add-on” to Personal Training, a membership for an online training program without credits. The Athlete Program is a membership with credits, including a monthly 30-minute online check-in, one 90-minute personal training session, and an online training program.
2. Platform: Access to the online coaching programs via the App or Google Spreadsheet.
3. Interaction: Direct communication with personal trainers via email and WhatsApp.
4. Commitment: The minimum duration of the Online Training Program membership is 12 weeks. The minimum duration of the Athlete Program membership is 6 months. This is also the duration that Dymphy Fit advises for optimal results.

2.3. Nutritional Advice

1. Description: Personalized nutritional advice based on a detailed nutritional analysis and the Client’s goals. Includes tailored dietary guidelines and follow-up. Nutrition Advice Credits can be purchased separately, with a minimum of one intake session and one follow-up session.
2. Consultations: The first consultation includes an assessment of nutritional history, followed by bi-weekly or monthly follow-up sessions.
3. Benefits: Improved energy levels, better training results, and overall health through optimized nutrition.

2.4 Coaching

1. Description: Personal coaching sessions based on the Client’s goals. Includes personalized homework and follow-up.
2. Sessions: The initial intake session includes framing the coaching question, followed by 3-6 bi-weekly to monthly follow-up sessions. Coaching sessions last 90 minutes.
3. Interaction: Direct communication with the coaches via email and WhatsApp.

3. Terms for a Package

General (applicable to all Packages)

1. Prepayment: All services cost one or more Credit(s) in the App. The Client must purchase Credits before training. Credits are needed to book training in the schedule in the App. If training sessions are manually booked in the schedule by the personal trainer and the Client fails to meet the payment obligation before the training, Dymphy Fit may cancel the training.
2. Expiration Date: Credits from Packages have no expiration date.
3. Credits are non-refundable: Credits purchased for use within the App or for any other services offered by Dymphy Fit are non-refundable. Once purchased, Credits cannot be redeemed for cash or refunded. The purchase of Credits is final and binding.
4. Transferability: Credits purchased by a Client are strictly personal and cannot be transferred to or used by another person. Sharing or transferring Credits is not permitted.
5. Guest Policy: If the Client wants to have a second person join a personal training session, this is allowed once without additional costs. After that, additional costs will be charged for an extra person in accordance with the duo personal training rate (available in the webshop of the App).
6. Cancellation Policy: If canceled within 24 hours before the session or in case of no-show, the full training will be charged. If Dymphy Fit cancels the session within 24 hours before the Personal Training or Coaching, the Client will receive a free training session. Cancellation must be done via the App by deregistering yourself from the activity in the schedule and/or via a WhatsApp message to the relevant personal trainer and coach.

Special Conditions for Life Coaching

1. Minimum Purchase: Due to the nature of coaching, the Client is required to purchase a minimum of 3 sessions if they choose the Life Coaching Package.

4. Terms for a Membership

Personal training memberships include (among others) the Kickstart Program, Level Up Program, and online coaching programs (Fit From Home, Online Program, and Athlete Program).

Additionally, the Pro Membership can be separately purchased at a rate stated in the App if not included in the Membership. If the Client separately purchases it, the terms below also apply to the Pro Membership.

Special conditions apply to the Athlete Program Membership, as outlined in section 4.5.

4.1. Terms for Memberships and Use of Credits

1. Billing Period: Clients receive an invoice every four weeks.
2. Payment: The Membership payment is made via SEPA direct debit. The Client must ensure that there is sufficient balance from which Dymphy Fit is authorized to debit. If the Client has insufficient funds and Dymphy Fit repeatedly cannot collect the payment, Dymphy Fit may suspend services and/or block the Client’s account.
3. Credits: As part of the Membership, the Client receives a predetermined number of Credits every 4 weeks. These Credits remain valid only as long as the Membership is active.

4.2. Renewal and Cancellation Period for Membership

1. Automatic Renewal: The Membership is entered into by the Client for 12 weeks (“Initial Period”). The Membership is automatically renewed after the Initial Period for 4-week periods (“Renewal Period”). The Client may only terminate the Membership up to 7 days before the end of the Initial Period or Renewal Period.

4.3. Suspension of Membership

1. Suspension: Clients can temporarily suspend their Membership themselves via the App. A suspension can be set for a period of at least 7 days up to a maximum of 30 days. Each Client is entitled to 1 suspension every 6 months.
2. Validity of Credits: During the suspension of the Membership, any Credits obtained in advance remain valid. Credits are non-refundable and non-transferable. They can be used once the Membership is resumed.
3. Impact of Suspension on Billing: Clients only pay for the period their Membership is active. The invoice will be reduced by the number of days of suspension, calculated proportionately to the monthly Membership costs.
4. No Additional Fees: No extra costs are charged for suspending the Membership.
5. Resuming: When the Membership is resumed, it will continue under the same conditions. It is possible to resume the suspension earlier than initially set in the App.

4.4 Termination of Membership

1. Termination and Cancellation Notice: Clients can terminate their Membership themselves via the App up to 7 days before the end of the Initial Period of 12 weeks or, if the Membership has been extended, up to 7 days before the end of the 4-week Renewal Period. To cancel, the Client clicks in the App on: Me (bottom right in the menu bar) > My products “show all” > Memberships “active” > Terminate membership.
2. Expired Credits: Upon termination of the Membership, all remaining Credits will expire on the date the termination takes effect. It is not possible to recover or offset Credits with other services.

4.5 Special Conditions for Athlete Program

1. The conditions from article 4.1 to 4.4 also apply to the Athlete Program unless otherwise stated in the following article.
2. The Athlete Program Membership has a minimum duration of 6 months, with monthly billing.
3. The Athlete Program is only accessible to advanced athletes who independently train 4 to 6 times a week.

5. Pro Membership

The Pro Membership provides full access to the App: all exercises, training plans, and the nutrition app “Food,” including a personalized training schedule for 1-2 times a week. The Pro Membership is an “add-on” to the Membership, which can be purchased separately. In some Memberships, the Pro Membership is included. See the Price Sheet and webshop in the App for the latest information. If the Pro Membership is purchased separately from the Membership, it must also be terminated separately.

5.1 For Pro Memberships Entered Into After January 1, 2024:

For a Pro Membership entered into after January 1, 2024, all conditions for a Membership apply, as mentioned in article 4.1 to 4.4.

5.2 For Pro Memberships Entered Into Before January 1, 2024, Other Periods Apply:

1. Billing Period: Clients receive a monthly invoice.
2. Renewal: The Pro Membership is automatically renewed each month. Renewal takes place 7 days before the end of the billing period. The Pro Membership can be canceled up to 7 days before the end of the month for the next month. If the Membership is canceled after this period, the payment for the following month will be automatically processed, and the cancellation will apply to the month after that.

6. Pricing Policy

1. Price Increase Based on Legislation: Any price increases resulting from legislation will be directly applied by Dymphy Fit. The Client cannot terminate the agreement.
2. Annual Price Increase: Dymphy Fit can change its prices during the year. A price change will be communicated to Clients thirty (30) days before the price increase and will take effect on the next billing after these thirty (30) days. If the Client disagrees with the price increase, they have the right to terminate the agreement.
3. VAT: All prices are inclusive of VAT.
4. Current Prices: The most current prices can be found on the Price Sheet and in the webshop in the App, subject to obvious errors.

7. Facilities and Code of Conduct

7.1. Facilities and Amenities

At Dymphy Fit, we strive to provide a comfortable and welcoming environment for all our Clients. To make your experience as pleasant as possible, we offer the following amenities:

1. Coffee, Tea, and Water: Free coffee, tea, and water are available for all Clients during their visit to our facilities. These beverages can be requested from the personal trainer and coach and are intended to keep you hydrated and energized during your workouts.
2. Changing Rooms: Fully equipped changing rooms are available for both male and female Clients, including showers and lockers for your convenience. For extra comfort, we also offer free toiletries such as deodorant, shower gel, shampoo, and hair ties, available on request.

7.2 Code of Conduct and Use of Facilities

Clients are required to behave respectfully and responsibly within our community and facilities:

1. Footwear: In Gym Base, it is mandatory to wear shoes that are clean and used exclusively indoors. Shoes that have been worn outside are not allowed indoors.
2. Access to the Training Floor: Clients have access to the training floor during designated training times. Use of the training floor outside these times is possible after consultation with and approval from the personal trainer.
3. Personal Items: We expect Clients to bring their own water bottle and towel to each training session. If you forget these, both water bottles and towels are available at the reception, free of charge.

8. Communication

8.1 General Communication

Communication between Dymphy Fit and Clients takes place through the following channels to ensure efficiency and effectiveness:

1. Email: For official announcements, billing information, and formal requests. Clients are encouraged to keep their email addresses up-to-date and regularly check their inbox for updates from Dymphy Fit. Clients will only receive newsletters if they have given consent.
2. WhatsApp: For quick questions, updates about classes, and informal communication. This channel is ideal for time-sensitive messages.
3. Phone: For urgent matters or situations where immediate feedback is necessary. Phone numbers of relevant contact persons at Dymphy Fit will be provided to all Clients.

8.2 Response Time

Dymphy Fit strives to respond to all inquiries within 72 hours. During periods of high demand, this response time may extend to 5 working days. We appreciate your patience and strive to serve you as quickly as possible.

8.3 Privacy in Communication

All communication between Dymphy Fit and Clients is treated with strict confidentiality. Personal information exchanged during communication will not be shared with third parties without the Client’s express consent.

8.4 Feedback and Complaints

Dymphy Fit values feedback and encourages Clients to share feedback or complaints about services or experiences through any of the aforementioned communication channels. A specific procedure for submitting complaints is available on our website and in our App.

9. Intellectual Property

All content on the website, app, and other digital and non-digital materials of Dymphy Fit, including but not limited to text, graphics, logos, icons, images, audio clips, downloads, and software, is the property of or licensed to Dymphy Fit. Clients are prohibited from copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, or distributing any part of these materials in any way (including “mirroring”) to another computer, server, website, or other medium for publication or distribution or for any commercial enterprise, or in any other way duplicating and/or disclosing without prior written consent from Dymphy Fit.

10. Privacy Policy

Dymphy Fit is committed to protecting the privacy of our Clients. We collect, use, and are responsible for certain personal information about Clients. When using our services, we may collect the following information:

• Personal identification data (name, email address, phone number, etc.);
• Health data for personalizing training programs;
• Transaction and payment data.

This information is used to deliver our services, for internal administration, and to comply with our legal obligations. We will not share your personal data with third parties without your explicit consent unless required by law. More information on how we process your personal data can be found in our full privacy policy on our website.

11. Disclaimer

The information and services provided by Dymphy Fit are intended for general information and use and are not a substitute for professional medical advice. Clients are encouraged to seek professional medical advice before starting a new training program or diet if necessary.

Dymphy Fit makes all reasonable efforts to ensure that the information on our website and App is correct but cannot guarantee the completeness, accuracy, or up-to-dateness of the content. Dymphy Fit is not liable for any inaccuracies or omissions or for the consequences arising from the use of this information.

Dymphy Fit is not responsible for the content of external sites linked to or from our website. These links are provided for the convenience of Clients.

12. Limitation of Liability

Dymphy Fit is not liable for any damages, including but not limited to consequential damages, damages due to loss of profit, goodwill, use, data, or other intangible losses, arising from or related to the use of or inability to use our services.

While Dymphy Fit strives for the highest quality in service delivery, Dymphy Fit cannot guarantee that the services will always meet the Client’s expectations. Dymphy Fit is not responsible for personal injuries, property damage, or other damages that occur during or as a result of the use of the facilities or services.

The use of Dymphy Fit’s services and facilities is at the Client’s own risk. Clients are encouraged to have their own health insurance and accident insurance. Clients who engage in activities that exceed their physical limits do so at their own risk.

13. Damage

13.1 Reporting Damage

In the event of any form of damage to the equipment or facilities of Gym Base, the Client is obliged to report this immediately. Damage should be reported as follows:

1. Immediate Reporting: The Client immediately reports damage to the owner of Gym Base, Kéoma Veldhuis, or to the on-duty personal trainer if the owner is not available.
2. Details of Damage: The Client is requested to provide a clear description of the damage and, if possible, take photos. This helps in assessing the damage and taking further steps.
3. Contact Details: The contact details of the owner of Gym Base, Kéoma Veldhuis, are available through the personal trainer for Clients to report damage. This can be done via email or WhatsApp.
4. Failure to Report Damage: If a Client does not immediately report the damage but Gym Base later determines that the Client caused the damage, Gym Base may charge a penalty equal to the damage suffered.

13.2 Liability for Damage

Clients may be held liable for damage caused by negligence or improper use of the facilities and equipment. In such cases, Gym Base may require compensation for repair or replacement costs.

1. Assessment of Damage: Gym Base will assess the damage and determine whether it is due to negligence or normal use.
2. Communication About Responsibility and Costs: If a Client is deemed liable for the damage, Gym Base will inform the Client about the liability and the estimated costs for repair or replacement.
3. Payment Procedure: If applicable, the procedure for the payment of damages will be provided to the Client, including any payment terms or methods.

13.3 Prevention and Guidelines

Gym Base is committed to maintaining a safe and functional training environment. Clients are encouraged to use all equipment correctly and follow Gym Base’s guidelines for safety and use of facilities. Training on the correct use of equipment is available and recommended for new Clients.

14. Dispute Resolution and Applicable Law

Dymphy Fit aims for high customer satisfaction. However, if disputes arise, we encourage Clients to contact us to reach an informal and quick resolution. If a dispute cannot be resolved to the Client’s satisfaction, Clients may take the following steps:

1. Mediation: Before taking legal action, it is recommended to try mediation, involving a neutral third party to help reach an amicable settlement.
2. Arbitration: If mediation is not successful, the dispute can be submitted to arbitration as determined by the Dutch Arbitration Institute. The arbitrator’s decision will be binding on both parties.
3. Litigation: Disputes that cannot be resolved through arbitration can be submitted to a competent court in the Netherlands. By following these steps, we ensure that disputes are handled fairly and efficiently, respecting the rights of both parties.

All disputes arising from the services of Dymphy Fit and/or these terms and conditions are subject to Dutch law.

15. Changes to Terms and Conditions

Dymphy Fit reserves the right to change these terms and conditions at any time. Changes will take effect as soon as they are published on our website and in our App. Clients will be notified of the changes at least 14 days before they take effect via email. Clients who continue to use Dymphy Fit services after the changes take effect are deemed to have accepted the revised terms. If a Client does not agree with the revised terms, they have the right to terminate their Membership on the date the new terms take effect.

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