General conditions
ARTICLE 1: DEFINITIONS
If you are or wish to become a member of us and use our services or products, you must do so in accordance with clear and transparent agreements. By signing up, you declare that you have read and accepted these terms and conditions and the rules and regulations of House Of Pilates and that you will act in accordance with them.
Host/Hostess: the employee in charge of the Club.
Member(s): You can become a member with us if you are a natural person of at least 18 years of age. House Of Pilates may require you to prove by showing your identity that you are the owner of the membership card or that you are at least 18 years old.
ARTICLE 2: MEMBERSHIP AND ACCESS
a. You can subscribe in one of the following ways:
1. on the House Of Pilates website, by completing the online registration form (https://House Of Pilates.clubplanner.be/registration/); or
2. at the Club, by completing the registration form at our host's premises.
b. If you register via the House Of Pilates website, you have the right to cancel your membership without giving reasons within 14 clear days from the day of your registration. You may do so by any of the methods described in Section 10c. This right of withdrawal does not apply to a subscription made at the Club. If you decide to exercise your right of withdrawal and have not used the subscription during this 14-day period, the withdrawal will be free of charge. If the membership has been used within this 14-day period, House Of Pilates may reserve the right to withhold part of the paid membership fee pro rata (i.e. from the activation of the membership to the day of cancellation, including any subscription fee).
ARTICLE 3: REGISTRATION, DURATION.
a. We offer different types of subscriptions or formulas (coaching/group classes), all details of which can be found on our website or in the Club.
b. When you subscribe, you indicate which type of subscription or package you want to take. You can subscribe to all our membership types for :
1. a commitment period of at least one year, automatically renewed indefinitely, with payment every 4 weeks; or
2. the flexible option: a fixed period of 6 months, automatically renewed indefinitely unless you request its termination, with payment every 4-week period; or
3. a turn card of 20 turns with a fixed period of 4 months.
ARTICLE 4: FEES AND PAYMENT
a. All types of membership have their own fees and conditions. These can be found on the House Of Pilates website or in the Clubs.
b. If you become a member of House Of Pilates, we charge a registration fee. If your membership has expired and you wish to become a member again, you will have to pay a new registration fee.
c. When you become a member, the subscription fee is due from the date of registration. The SEPA direct debit authorisation will take effect at the same time. All subscriptions are payable in advance.
d. House Of Pilates also offers its members the option of paying the agreed contract period in one go in advance via online payment or by credit card (if you opt for a contract with a binding commitment period of one year by full prepayment). In this case, no monthly SEPA direct debit will be initiated.
e. If you choose a subscription with payment every 6-month Periods, the first payment will be made via online payment or credit card, and then payment every 4-week Periods will be made via SEPA direct debit and at the rates applicable to your subscription. Each direct debit will cover a 4-week period. This means there will be 13 direct debits per year. Therefore, once a year, there are 2 collections in a calendar month.
f. If for any reason we are unable to collect your payment (e.g. due to cancellation, insufficient balance, etc.), we will return the collection request to your bank. If you fail to fulfil your payment obligation, your Member Card will be blocked until you fulfil your payment obligation.
g. If, after a reminder, you still fail to fulfil your payment obligation, you will be deemed to be in default. From that moment, we shall be entitled to claim payment of the amounts due plus statutory interest (calculated from the due date of the amounts due), as well as a lump sum of 15% of the amounts due with a minimum of EUR 50 for all extrajudicial costs. However, we reserve the right to claim higher damages, subject to proof of the damage suffered, and unilaterally terminate the contract with immediate effect, without owing you any compensation. We are also entitled to hand over our claim to a third party, including a collection agency.
h. If we terminate a fixed-term contract within the meaning of Article 5, you will owe us the contributions still due for the remaining term of the contract. The interest and lump sum referred to in Article 5 above shall apply mutatis mutandis to these amounts.
i. We reserve the right to change the rates and/or conditions after the end of the contract period. We will always give you a notice period of one month, after which you have the option to terminate the Agreement free of charge, provided you notify us in writing (e-mail or registered letter), with the exception of the membership agreement, which can be terminated flexibly. In case of termination, the notice must be given within 4 weeks of the announcement of the change, observing a notice period of at least 4 weeks. In the absence of timely notice of termination, the contract will be extended with the amended terms and conditions to a contract for an indefinite period, which can also be terminated in this context as stipulated in the contract. Tariff changes due to government measures can be applied immediately, regardless of their amount, and do not give the right of termination.
j. If you do not use the Contract or Options, there will be no refund of your subscription fee.
ARTICLE 5: MEMBERSHIP CARD
a. The Member Card is the property of House Of Pilates and may only be used by you for the duration of the Contract.
b. The Contract may not be transferred to a third party.
c. As Member, you are responsible for how the Agreement and the Member Card are used or misused.
ARTICLE 6: OPENING HOURS
a. House Of Pilates lists the opening hours of its Club on its site. In some cases, other opening hours may be applied, for example in case of accidents, holidays or force majeure.
b. House Of Pilates has the right, based on objective reasons, to change the opening hours (in whole or in part) temporarily or permanently. House Of Pilates may unilaterally make a permanent change, provided it is only of minor importance in relation to the total number of opening hours or the starting or ending time. This is in any case up to two hours before or after the opening and/or closing time.
c. The opening hours can never be set as an absolute condition (conditio sine qua non) for the conclusion of the agreement. You can never use this adjustment to unilaterally terminate the agreement, especially since it is House Of Pilates's main obligation to make the gym and its equipment available, unless you can prove that you have made at least 50% of your visits to the club at a time when the club in question is no longer open; for the determination of this 50%, a minimum of 4 visits in the past 6 months applies. In that case, House Of Pilates will refund the overpayment.
d. We want to maintain the Club well and sometimes we cannot escape a temporary or partial closure. This may be the case if we have to close the Club due to works or force majeure, for example.
ARTICLE 7: RELOCATION OR INJURY
a. In this case, we will offer you the option to terminate your Contract early, subject to a notice period of at least 4 Weeks. We will ask you to prove that you have changed address by providing us with a copy of an address certificate less than 3 months old.
b. We hope you will come and train with us in good health. For all forms of membership, you can use the option to suspend your membership for medical reasons, under the conditions set out below:
Membership can only be suspended after House Of Pilates has received a valid medical certificate (by e-mail or by post to House Of Pilates's customer service department) stating that the member is temporarily unable to exercise;
the medical certificate states that a suspension of at least one month is required from the moment the certificate is sent to House Of Pilates;
the suspension is effective from the moment of receipt by House Of Pilates and does not have retroactive effect
The suspension is for a specified period and ends on the date shown on the medical certificate submitted;
suspension shifts the duration of your contract in proportion to the duration of the suspension;
a one-off administration fee of EUR 5 will be charged for processing the suspension.
c. If you submit a medical certificate stating that you will be unable to participate in sport for a period of at least 12 months from the date of submission of the medical certificate, House Of Pilates will terminate your membership at your request from the date of receipt of the request to do so, together with the medical certificate (by e-mail or by post to House Of Pilates's customer service department);
d. If the medical certificate or proof of removal is submitted only after legal proceedings have been initiated to collect the dues due, it will no longer be accepted.
ARTICLE 8: TERMINATION OF MEMBERSHIP
a. If you have entered into a Contract for the minimum commitment period of one year and payment every 4 weeks, you may terminate it at the latest 4 weeks before the expiry of the Contract. If you fail to do so, the Contract will be extended for an indefinite period and can then be terminated at any time without compensation, subject to at least one 4-week notice period.
b. If you have entered into a flexibly terminable Contract, you may terminate it at any time subject to at least one period of 4 weeks' notice.
c. You can terminate your contract on the website or on the House Of Pilates mobile app, by e-mail or by post. If you terminate by e-mail or post, please include the following information: your full name, your membership card number.
d. Our aim is to create a climate in our Club where everyone respects each other and abides by the applicable rules. If you do not comply with the terms of the agreement, the rules or these general conditions, or if you display behaviour deemed unacceptable, House Of Pilates may deny you access to the Club and unilaterally terminate the agreement for misconduct (with immediate effect). Re-enrolment after such exclusion is a legitimate reason for immediate termination of the new subscription and a pro rata refund, except for the subscription fee that will remain with House Of Pilates.
e. At House Of Pilates, we invite you to come and train with others. However, you may not offer personal training services in our Clubs or engage in other commercial activities, as personal training services may only be provided by our personal trainers and coaches who are independent professionals and with whom we work exclusively. If you do not comply with this rule, the agreement will be terminated with immediate effect and House Of Pilates may claim compensation for any damages suffered.
f. If you allow another person to enter the Club in violation of the rules in these Conditions or the House Rules, whether they are Members or not, for example by letting them enter with you through the door or giving them your Member Card without their own Member Card, House Of Pilates may charge you for the value of an ‘INITIATION SPORT’ training session and block your access to the Club until you have paid this amount. In case of repeated breach of these conditions or the rules and regulations, House Of Pilates has the right to terminate the agreement.
g. If you can prove that House Of Pilates has seriously failed in the performance of its contractual obligations, and only if you notify House Of Pilates by registered letter within 7 days of becoming aware of such failure, House Of Pilates will terminate the agreement immediately and, if applicable, pay compensation for the damage suffered. If we fail to repay any amounts due to you, you will be entitled to payment of the amounts due, plus statutory interest and a lump sum of 15% of the amounts due with a minimum of €50 for all extrajudicial costs, as described in article 5g.
h. Any method of termination by you other than those mentioned in Articles 7a, 7b, 8a, 8b, such as unilateral termination of monthly payments, will be considered an unlawful termination of the Contract. In such cases, all membership fees will remain due. If you do not pay these fees voluntarily, House Of Pilates may engage a collection agency to collect the fees due. Clause 5g above will therefore apply from that date.
ARTICLE 9: RISKS AND LIABILITY
a. Practising any sport involves risks. If you use our facilities, you should be able to assess for yourself what you are capable of. You can use a personal trainer, an introductory session or rely on the tips and advice we provide in our app or through other resources in the Club. But you will always remain responsible for how you exercise and the choices you make in doing so. Using our facilities is at your own risk. If you have any doubts about your physical condition, we recommend that you seek medical or specialist advice to determine which method is most suitable for your sport.
b. House Of Pilates and our staff shall not be liable for any property damage or consequential loss resulting from any accident or injury suffered by you in our club, except for personal injury caused by the acts or omissions of House Of Pilates.
c. You are advised not to bring valuables to the club. House Of Pilates always provides lockers, but their use is at your own risk. Experience has taught us that no locker is safe from experienced thieves. House Of Pilates accepts no responsibility for damage, loss or theft of your personal belongings, except when caused intentionally or through gross negligence on the part of House Of Pilates.
ARTICLE 10: COMPLAINTS
We aim to serve everyone and want as many people as possible to access our sports facilities. If you have a complaint, we regret it, but of course we want you to let us know. You can contact our Club Host/Hostess in the first place and House Of Pilates customer service in the second place, as described on our website.
ARTICLE 11: PERSONAL DATA
a. In order to perform your agreement, we collect and store some of your personal data. House Of Pilates will process your personal data appropriately and carefully and in accordance with applicable laws and regulations on the protection of personal data, such as the General Data Protection Regulation (GDPR).
b. In this regard, the privacy statement of House Of Pilates states what data we process, for what purposes we process it and how we process personal data. Furthermore, the statement explains how stakeholders can exercise their rights in relation to the processing of their personal data.
c. To ensure the safety of people and property in and around our club, we use video and audio surveillance equipment to keep the club open 24 hours a day. Video and audio surveillance is limited to the gymnasium and is not present in the toilets, showers and changing rooms.
ARTICLE 12: MODIFICATION OF DATA
a. Changes to your personal data (e.g. address or bank details) should be communicated to customer service immediately via MyClubplanner App.
b. In case such changes are not communicated and House Of Pilates has to incur costs to obtain the new personal data, these costs will be charged to the Member.
ARTICLE 13: CUSTOMER SERVICE CONTACT INFORMATION
a. Our customer service contact details are as follows:
online on our website, postal address: Torhoutsebaan 111 8470 Gistel.
ARTICLE 14: APPLICABLE LAW AND DISPUTES
a. These conditions and all contracts concluded by or with House Of Pilates shall be governed exclusively by Belgian law.
b. All disputes relating to the contract concluded between the Member and House Of Pilates will be submitted to the competent court in the place where the Club is established.
c. As you are aware, House Of Pilates adheres to the ‘Fitness Industry Code of Conduct’. You can view the Code of Conduct at the link https://economie.fgov.be/sites/default/files/Files/Ventes/Gedragscode-fitness.pdf
