Article 1. Definitions
1.1 GymKing (Chamber of Commerce South Holland 5775440), established at Concertweg 1a, 2402 JG in Alphen aan den Rijn, is a private limited company with the objective of operating a gym. This includes all activities offered under GymKing, such as fitness for both women and men from the age of 16.
1.2 In these general terms and conditions, the following definitions apply:
Article 2. Applicability
2.1 These general terms and conditions apply to every assignment to GymKing, including any follow-up, amended, or supplementary assignment, unless agreed otherwise in writing prior to the conclusion of an agreement.
2.2 An agreement is only concluded once the assignment has been accepted in writing by GymKing. Regarding the conclusion of an agreement, GymKing can only be represented by the owner or his designated employees.
Article 3. Membership
3.1 The agreement entitles the consumer to use all available sports facilities within the chosen membership 24 hours a day, 7 days a week.
3.2 A digital photo of the consumer will be taken upon registration for identification and security purposes.
3.3 Subscriptions that are part of a promotion or have the term ‘deal’ in their name are always annual subscriptions of 52 weeks. A promotional rate applies during part of this period, after which the regular rate becomes applicable. These subscriptions cannot be terminated prematurely.
Article 4. Registration and Membership
4.1 Membership at GymKing can only be obtained in the following way:
Article 5. Term and Payment
5.1 An agreement with GymKing is entered into for the term and form indicated at registration, consisting of an agreement with a minimum duration of 4 weeks from the start date, which will be charged every 4 weeks, or a monthly terminable agreement, each with its own specific conditions. See www.gymking.nl for other subscriptions.
5.2 All rates can be found on www.gymking.nl.
5.3 All amounts are due and payable in advance.
5.4 By signing the agreement, the member authorizes GymKing to perform automatic SEPA direct debit.
5.5 If a member deliberately reverses a direct debit or blocks it without valid reason, GymKing is authorized to immediately charge €7.50 administrative costs per outstanding item for the administrative work involved. These costs will be included in the next direct debit.
5.6 Payment must be made within the specified payment term. Members paying by direct debit must ensure sufficient balance. In the event of late payment, the member is in default without notice. GymKing is entitled to charge reminder, collection, and re-collection costs. If the member remains in default, all amounts due, including future instalments, become immediately due and payable, and the case may be handed over to a collection agency.
5.7 If payment is not made on time, the direct debit will be reattempted. If payment still fails after notice of default, GymKing may terminate the agreement immediately and claim all outstanding and future amounts, including collection costs.
5.8 A GymKing QR access code will be blocked if and as long as payment obligations are not met. If the member is in default due to payment arrears, GymKing may terminate the agreement immediately, without prejudice to its right to claim all current and future amounts due for the duration of the agreement.
5.9 If the member does not use the agreement, no refund of membership fees will be given.
5.10 If the member can demonstrably prove, to GymKing’s satisfaction, by means of a medical certificate, that they are permanently unable to use the agreement for medical reasons, the member is allowed to terminate the agreement early with a 30-day notice.
5.11 If you wish to visit or try our facilities without a subscription, you can purchase a day pass on our website, available from age 16. The day pass must be used within 7 days of activation and grants one-time access.
5.12 The duration of the membership corresponds to the selected subscription, ranging from 4 to 52 weeks. After the agreed term, the membership is automatically extended by 4-week periods until it is terminated, subject to the cancellation notice period as described in Article 8.1.
5.13 Upon presentation of an official change-of-address notice showing the member has moved more than 15 km away from the GymKing location mentioned in the agreement, membership can be terminated, subject to the notice period.
5.14 If a member is temporarily unable to exercise due to medical reasons, the membership can be frozen upon submission of written proof from a medical specialist. During the freeze, membership fees remain due. After notification of recovery, the credit period starts—provided the member still holds a valid membership. Freezing is not permitted for vacation reasons.
Article 6. Opening Hours
6.1 The member is obliged to report any injuries, surgeries, or other forms of pain, discomfort, or abnormal fatigue before, during, or after training, as well as any changes in their physical condition during the term of the agreement.
6.2 The member understands that injuries or other complications may arise from physical activity, without this implying negligence on the part of GymKing.
6.3 GymKing is entitled to temporarily or permanently change the opening hours.
6.4 GymKing reserves the right to operate on an adjusted schedule or close the gym during holidays and on official and recognized public holidays, without entitlement to a refund or compensation. The adjusted schedule will be announced in advance.
6.5 The member is familiar with GymKing’s house rules and is obliged to comply with them during every activity with GymKing.
6.6 For reasons of health and hygiene, members must wear clean sports shoes in the gym, wear clean clothing, bring a towel, and men must always wear a shirt with sleeves.
6.7 GymKing reserves the right to terminate the agreement with immediate effect if the member repeatedly fails to show up as agreed or exceeds the contract term due to repeated cancellations, without being liable for any compensation and without requiring a notice of default. In such cases, (partial) refunds will never be granted.
Article 7. Prohibited Substances
7.1 The use and/or trade of alcohol, drugs, or performance-enhancing substances of any kind is prohibited in and around the gym.
7.2 GymKing reserves the right to terminate the membership in the event of a violation.
Article 8. Termination of Membership
8.1 Termination of a membership must be done by sending a cancellation by email to klantenservice@gymking.nl, stating personal details, the reason for termination, and the location of the club. A one-month notice period must be observed.
8.2 Termination cannot be made by telephone.
8.3 GymKing reserves the right to deny access to GymKing and to (immediately) terminate the membership in the event of a serious breach or violation of the house rules or otherwise unacceptable behavior or in the case of default, at the exclusive discretion of GymKing.
8.4 Suspension of the membership for any reason is not allowed.
8.5 If you decide to cancel your membership and later wish to rejoin, a new registration fee will apply.
Artile 9. Minimum Age
9.1 Minors (persons aged between 16 and 18) are not allowed access to GymKing during staffed hours unless they are accompanied by an adult member during unstaffed hours.
Article 10. Access
10.1 Upon registration, the consumer receives a login and QR code. GymKing remains the owner of this login and QR code, which the consumer borrows. This access key is for personal use only and grants access to GymKing. Access keys are non-transferable.
10.2 Members who do not have their access key with them during unstaffed hours will not be granted access to GymKing. Other members may not let them in. Opening the door for third parties is not allowed.
10.3 It is not permitted for more than one person to enter through the gate using one access key at the same time.
10.4 After entry, the consumer must ensure that the door closes immediately.
10.5 In the event of a power outage, the emergency lighting will guide the consumer to the exit. The emergency exit door can be manually opened by pressing the green-lit emergency button.
10.6 Technology enables 24/7 access to the gym. If, for any reason, the technology fails, it will not be possible to use the gym until the issue is resolved. We will communicate this via our app in a timely manner unless the technology is down. GymKing is never liable for any damage caused by such a technical failure.
10.7 You may only use the 24/7 gym access if:
a) You have no outstanding payments.
b) Your access key is not blocked.
c) You have completed the introductory session with one of the fitness instructors and understand how the equipment works.
d) You have no health problems (physical or mental) that could lead to acute medical emergencies.
10.8 Entering and training at GymKing during 24/7 opening hours is at your own risk.
Article 11. Video and Audio Surveillance
11.1 For safety reasons, GymKing uses video and audio surveillance equipment to monitor and observe GymKing 24 hours a day.
11.2 By signing the membership agreement, the consumer acknowledges that upon entering and being present in GymKing, they are under video and audio surveillance and recording.
11.3 Video and audio surveillance is limited to the areas in and around the building, within workout spaces, and is not present in toilets and locker rooms.
11.4 Wearing a cap or hood is not allowed due to safety and identification purposes.
Article 12. Safety
12.1 The consumer understands that fitness activities and the use of fitness equipment are not without risk. The consumer exercises at GymKing at their own risk.
12.2 Members are required to observe the safety functions of the equipment. If a consumer is unsure how to use a piece of equipment, they must first seek instruction before using it.
12.3 The consumer is aware that GymKing is unstaffed. During such times, the consumer must not use fitness equipment with which they are unfamiliar.
12.4 The consumer is expected to read all safety notices displayed at GymKing. In particular, the consumer must comply with all instructions concerning the safe and proper use of equipment.
12.5 The consumer must understand the operation of the alarm and panic buttons and agrees to use them only in emergencies.
12.6 The consumer is required to carry the mobile panic button when using cardio equipment. The panic button must be used if the consumer needs medical assistance, feels threatened, or witnesses suspicious activity. Activating the panic button will immediately connect to the security company’s control center.
12.7 The consumer may also use the panic button if they require medical assistance, feel threatened, or witness suspicious activity. Upon activation, contact is made directly with the security company’s control center.
12.8 A toilet is available for use by both men and women. An alarm/panic button is present in the toilet. The panic button may be used under the same conditions as described above.
12.9 For minor injuries (such as cuts or abrasions), a first aid kit is available in the gym.
12.10 Smoking and vaping are not allowed. The gym is equipped with smoke detectors that are automatically activated in case of fire or when smoke is detected.
12.11 Consumers must leave the building immediately upon activation of the smoke alarm and must call 112 right away.
12.12 GymKing is not liable for any damage resulting from violations of the above safety provisions.
Article 13. Consequences
13.1 It is not allowed to bring guests without prior permission from GymKing. If this policy is violated and a personal QR code is misused, a day pass including €25 administration costs will be charged to the consumer. After two or more violations, the membership may be suspended or terminated. In that case, the member owes the full membership fee for the remaining contract period and a fine of €150.
13.2 In case of a false alarm, including activation of the emergency door alarm(s), €150 will be charged per incident.
13.3 In case of theft of the panic button, €150 will be charged.
13.4 Violating the general terms and conditions and/or house rules may lead to deactivation of the access key, without any refund of the membership fee.
Article 14. Personal Data and Privacy
14.1 GymKing processes the personal data of the member within the framework of applicable laws and regulations regarding the protection of personal privacy, in particular the Dutch Data Protection Act.
14.2 The member, being a natural person, has the right to access, correct, and object to the processing of their personal data. GymKing may charge fees for access and/or implementation of corrections and/or handling objections up to the legal maximum. The member can submit objections and requests for access, correction, or opposition to GymKing.
14.3 For your safety, there is constant video surveillance at GymKing. We comply with applicable privacy regulations. By signing the agreement with GymKing, the member acknowledges and agrees to be under video surveillance and recording upon entering the gym. Surveillance is limited to the gym area and does not include toilets or locker rooms. For more information about our camera policy, see the ‘camera surveillance regulations’ on our website.
14.4 Any changes in your personal situation, such as address or bank details, must be reported immediately via the GymKing app or to customer service. If such changes are not reported and GymKing incurs costs to retrieve the new data, these costs will be passed on to the member.
Article 15. Liability
15.1 Participating in sports activities carries certain risks. Participation in activities that are part of GymKing is entirely at the member’s own risk.
15.2 GymKing and persons working for or on behalf of GymKing accept no liability for material or immaterial damage resulting from any accident or injury to the member.
15.3 If, during the execution of an assignment, an unforeseen event occurs, including an omission – that leads to liability, this liability is limited to the amount covered by GymKing’s business liability insurance, plus the policy’s deductible. If, for any reason, no payment is made under said insurance, or if coverage is denied, any liability is limited to the amount charged by GymKing.
15.4 The member is liable for damage they cause to third parties due to fault or intent, including omissions, as well as damage to GymKing’s equipment, property, or that of third parties.
15.5 GymKing accepts no liability for loss, theft, or damage to members’ property.
15.6 When engaging third parties, GymKing will exercise due care. However, GymKing is not liable for any shortcomings by these third parties.
Article 16. Complaints and House Rules
16.1 In case of complaints regarding GymKing, the member must contact GymKing management. This can be done via various QR codes available in the fitness area.
16.2 The member is deemed to be aware of these general terms and conditions and GymKing’s house rules and to act accordingly. These house rules may be provided upon registration and are displayed on the information board at the entrance of the gym and on the GymKing website.
16.3 A member who makes use of the 24/7 opening hours and wishes to train during unstaffed hours is deemed to be aware of and in agreement with the document “24/7 rules and conditions” and to act accordingly. These rules can be found at the entrance and in the gym, as well as on the GymKing website.
Article 17. Disputes
17.1 Dutch law applies to the legal relationship between GymKing and the member. Disputes will be settled exclusively by the competent Dutch court in the municipality where GymKing is established.
17.2 In case of discrepancies between the Dutch text of these general terms and conditions and any translations thereof, the Dutch version shall prevail.
Article 18. Amendment Clause – General Terms and Conditions
18.1 GymKing reserves the right to amend the general terms and conditions unilaterally at any time, regardless of whether this occurs during the term of a contract. By agreeing to these terms and conditions, you also automatically agree to any future amendments. The latest version of the terms and conditions can always be found on our website www.gymking.nl. If changes have been made, this will be announced in advance via our newsletter, which is regularly sent to members by email.
Article 19. Other Provisions
19.1 By registering, the member declares to accept these general terms and conditions and the house rules of GymKing and to act accordingly.
19.2 These general terms and conditions, together with the agreement, govern the legal relationship between GymKing and the member.
