These general terms and conditions of sale (the "General Terms and Conditions") govern the relationship between FDW Management SRL, with its registered office at rue Bon Air 7, 1470 Genappe, and registered with the Crossroads Bank for Enterprises under number 1010.461.371 (the "Company"), and the client (the "Client") regarding its coaching, sports preparation, and training facility rental services (the "Service(s)").
The Client agrees to the application of the General Terms and Conditions and waives the right to invoke any other potential provisions from their own general terms or any contractual document that would conflict with these General Terms and Conditions. Furthermore, the Client acknowledges having read the Company's general terms of use as well as its privacy policy, which are made available on the Company's website.
The Company and the Client are individually referred to as a "Party" and collectively as the "Parties".
The Company provides access to and the right to use its sports facilities, as well as personal training sessions. In this context, the Company offers personalized support to help the Client navigate the facilities and improve their performance, based on the Client's needs and the information provided. This includes, but is not limited to, explanations of how equipment works based on the pursued goal, specialized exercise programs, training to achieve a specific objective, support for specific medical conditions, or physical fitness testing.
The Company also offers nutritional advice to support the Client in their fitness routine and the achievement of their athletic goals.
In addition to access and the right to use the Company's sports facilities, the Client will have the option to choose between various coaching plans, either in groups or individually.
The Company's facilities are accessible during the training facility's opening hours. These are communicated on the Company's website or through any communication channel agreed upon by the Parties.
The Client selects their desired plan and receives confirmation via email, along with access codes for the online booking platform. From the moment this is sent, a service agreement is formed between the Parties, subject to these General Terms and Conditions.
Subject to availability, the Client may modify their chosen plan with the Company's agreement by increasing the number of agreed sessions. In such cases, unless otherwise agreed by the Parties, the change will take effect from the first business day of the following month.
The Client is required to register for desired sessions, in accordance with the plan agreed upon with the Company, via the dedicated platform provided by the Company, to ensure the comfort and availability of the training facility. Registration can be done at any time before the start of the session, subject to availability for the chosen time slot.
Any cancellation of the Client's participation in a group session, if applicable, must be made at least 6 full hours before the start of the session. For individual training, sessions must be canceled at least 48 hours in advance. Failure to do so will result in the session being considered completed and the price being due.
The Company may change the training facility's operating hours and the sessions offered at any time. It will inform Clients in advance to minimize any inconvenience. The training facility is closed on Sundays, public holidays, and from December 24th through December 31st inclusive.
In exchange for the provision of Services, the Client shall pay the Company the price agreed upon based on the requested Services, according to the payment schedule agreed between the Parties.
Unless otherwise indicated, prices are in euros (EUR) and exclude value-added tax (VAT).
The Company provides Services on a flat-rate or hourly basis, at its discretion. The Client may not rely on an offer made by the Company to a third party to request an equivalent offer from the Company.
Weekly service hour packages are valid only for the week in question. Hours agreed upon between the Parties that are not used by the Client will not carry over to the following week.
The Company reserves the right to change the price of Services at any time and will inform the Client in writing. The Client may object to the application of the new price by sending a written notice to the Company, which will result in the termination of the agreement between the Parties on the date the price change takes effect.
All pricing elements and service features displayed publicly (e.g., online, on the Company's website, social media, or in informational brochures) are for informational purposes only. Only the prices and features communicated directly to the Client by the Company are binding upon the Company.
The Company issues an invoice every four weeks, totaling thirteen invoices per twelve-month period, and provides it to the Client. The invoice is issued at the beginning or end of each four-week period, at the Company's discretion, taking into account the Client's actual usage of the sports facilities and space.
Unless otherwise specified, the Company's invoices are payable within fifteen days of being sent. The Company may at any time request advance payment for agreed sessions before granting access to the training facility and Services.
Any late payment by the Client will automatically and without prior notice incur interest of 10% starting from the 16th day following the invoice date, as well as a fixed contractual penalty of 15% of the unpaid amount, with a minimum of €150.
The Company reserves the right to suspend Services in the event of non-payment by the Client of all or part of an invoice. Failure to pay an invoice by its due date shall, where applicable, be considered serious misconduct by the Client, which may lead to the termination of the contract.
The agreement is concluded for the duration agreed upon by the Parties.
Upon expiration, the contract automatically renews for an identical duration, unless the Client objects to the renewal. For periodic contracts (four weeks), this objection must be received in writing (email, mail, or any other means frequently used by the Parties) at least two weeks before the end of the contract. For annual contracts, the notice period is two months. After the first renewal, the consumer Client may terminate the contract at any time with an identical notice period, in accordance with Article VI.91 of the Code of Economic Law.
Unless otherwise stated in writing, the Company is not required to refund any amounts paid in advance by the Client upon termination of the agreement, for any reason, even if no sessions were booked during the period in question.
Notwithstanding the foregoing, either Party may terminate the agreement immediately without prior notice in the event of serious misconduct by the other Party.
In the event of termination of the agreement for any reason, the Company shall invoice the Client for any remaining amounts due. Where applicable, payment of these amounts is due immediately upon receipt of the invoice.
In the event of absence, a Client with an annual subscription may suspend their subscription for a maximum of four weeks per year, provided they have requested this suspension in advance. The Company reserves the right to request supporting documentation. This flexibility is not available to Clients on subscriptions shorter than one year, such as periodic (four-week) subscriptions.
In the event of temporary incapacity to train as attested by a medical certificate, the subscription may be suspended for the duration specified on the certificate, with a minimum of one (1) week and a maximum of twelve (12) consecutive weeks. The request must be submitted in writing, accompanied by the medical certificate, no later than seven (7) days after the start of the incapacity. The suspension period incurs no additional fees and extends the subscription's validity period accordingly.
If a medical certificate confirms a permanent and total disability that makes any athletic activity impossible, the Client may terminate the subscription without fees or penalties upon presentation of said certificate.
The Company is bound only by an obligation of means, not of results. Accordingly, it provides its Services to best meet the Client's needs based on the information provided by the Client, particularly regarding their health status.
The Client is obligated to inform the Company and its representatives of any factors that may affect the proposed sessions, advice, and training, including any pain, health issues, or recent physical procedures. All information regarding the Client's health is treated confidentially in accordance with the Company's privacy policy.
Use of the training facility and equipment is at the Client's own risk. Similarly, the Client remains solely responsible for their athletic practice, even during group or individual sessions and when supervised by a professional.
In case of doubt, the Client is required to consult a healthcare professional before engaging in any activity at the Company.
Nutrition advice is provided on an empirical basis to complement the Client's athletic training. This advice should not be considered medical advice. The Client remains responsible at all times for their diet and the consequences of their training on their health.
Specifically:
The Company cannot be held responsible for the content or accuracy of information provided to it by the Client.
The Company is not responsible for any theft of a Client's personal belongings by another person using the Company's facilities.
The Client consents to appear in photographs, publications, social media stories, or any other media created by the Company for marketing purposes. The Client shall not request any compensation for this.
The Company shall in no event be held liable for the cancellation or suspension of all or part of the Services due to causes beyond its control, including, but not limited to: floods, storms, fires, epidemics, strikes, lockdowns, terrorist risks, failure or delay of a service provider or subcontractor, illness, incapacity for work, or any other event of force majeure that prevents it from performing its obligations normally, suspends them for the duration of the force majeure event, or makes the performance of its obligations significantly more difficult or costly.
Where applicable, the Parties agree that periods of suspended activity will be rescheduled as soon as activity can resume, without the Company being liable for any compensation or refund to the Client.
The Parties are validly informed or notified in writing of actions covered by the agreement (e.g., receipt of an invoice, receipt of a notice of termination, etc.) via email sent to the email address of the contact person provided by the other Party.
To the extent necessary, the Client acknowledges that the Company's invoice shall be considered delivered to the Client when sent via email.
The Company reserves the right to modify all or part of the provisions of the General Terms and Conditions at any time. The Company shall inform the Client by making the new version of the General Terms and Conditions available on its website or through any other appropriate communication.
Unless otherwise indicated, the provisions of the new version of the General Terms and Conditions shall apply to the contractual relationship between the Company and the Client on the first day of the month following the date of their notification. If the Client objects to the application of the new version of the General Terms and Conditions, the agreement shall automatically terminate.
The agreement binding the Parties is governed by Belgian law.
In their contractual relationship, the Parties shall attempt to resolve amicably any dispute arising between them, particularly regarding the formation, interpretation, performance, or termination of the Agreement.
In the absence of an agreement, any dispute shall fall under the exclusive jurisdiction of the courts where the Company's registered office is located.
Any document provided by the Company is subject to these General Terms and Conditions.
The potential invalidity of any clause in the Agreement or these General Terms and Conditions shall not affect the validity of the other clauses agreed upon by the Parties. To the extent possible, the Parties shall replace the invalid clause with a valid one that reflects their original intent.
The Company's failure to enforce any provision of these general terms and conditions shall not be construed as a waiver of its right to enforce such provision at a later date.