Melbs, statutorily located in Breda and having its office at Wilhelminasingel 1E, 4818 AA. Registered with the Chamber of Commerce under number 93865066 and with VAT number NL005047852B34, operating under the trade name Melbs. 

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Participant(s): Anyone who has entered into a Participant Agreement with Melbs.

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Participant Agreement: The agreement between Melbs and a Participant.

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Participant Conditions: These general terms and conditions, which are published on the Melbs Website and will be provided upon the first request from a Participant.

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Credit: The credit or balance purchased by a Participant via the Website to book and/or attend a Class at a Melbs Studio within the specified period (Term).

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Class: Any (individual or group) class given by or on behalf of Melbs at a Melbs Studio.

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Personal Data: All data provided by a Participant to Melbs as stated in the Participant Agreement.

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Studio: Any studio operated by Melbs, as shown on the Website.

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Period: The period from the purchase of Credit within which a Participant has the right to participate in a Class or a limited number of Classes.

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Website: The website of Melbs: www.melbsreformer.com.

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ARTICLE 1 – GENERAL

1.1 Each Participant is obligated to familiarize themselves with these Participant Conditions of Melbs. If there is a Participant Agreement between Melbs and a Participant, these general regulations are part of it and are inseparably linked to it.

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1.2 The rights arising from a Participant Agreement are strictly personal.

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1.3 Melbs reserves the right to limit the total number of registered participants, as well as change the opening hours, Class times, number of classes, and rates.

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1.4 Melbs also reserves the right to refuse Participants in case of misuse of the subscription system or Melbs facilities or in the event of inappropriate behavior.

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1.5 Wearing clean sportswear is mandatory.

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1.6 Participant safety and physical well-being is of primary importance to Melbs. In order to participate in our Reformer class, it is mandatory for all members to use grip socks. Melbs reserves the right to refuse entry into the class if a member chooses not to wear the required attire. The member will not be refunded for the class in such circumstances. Grip socks are required for safety & hygiene reasons. Please bring your own or buy them at Melbs. Bare feet or shoes are not allowed.

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1.7 The use of a towel for every activity is mandatory.

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1.8 Each Melbs Studio is smoke-free.

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1.9 Consuming self-brought drinks and/or food at Melbs is prohibited, except for the use of bottles with water.

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1.10 Melbs reserves the right to close the entire day or part of the day.

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1.11 Children under 16 years of age are not allowed at Melbs, except for children under the supervision of their parents and with explicit consent from Melbs personnel. Leaving children waiting while the parent(s) takes class is also prohibited. Children under the age of 16 are not allowed in the Reformer area or in class. Any injury to children or damage to children's property due to unauthorized access to the Studio is at the individual's own risk.

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1.12 Pets are not allowed at Melbs.

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1.13 Melbs may take photos or videos of the classes or other spaces in the studio for use on social media or Melbs's website. The participant is aware of this and grants Melbs their permission for this.

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ARTICLE 2 – APPLICABILITY

2.1 These Participant Conditions apply to all legal relationships between Melbs and a consumer (Participant) who has purchased Credit and/or participates in a Class offered and/or provided by Melbs and/or Credit purchased by a consumer (Participant).

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2.2 By purchasing Credit or participating in a Class, the Participant agrees to these Participant Conditions.

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2.3 All provisions in these Participant Conditions are also drawn up for the benefit of all directors of Melbs and all persons employed by or contracted by Melbs.

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2.4 Deviations from these Participant Conditions are only valid if expressly agreed upon in writing.

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2.5 Melbs can amend these Participant Conditions at any time. The latest version is always the valid version and is available on the Website. A copy of the Participant Conditions will be provided upon request.

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ARTICLE 3 – PARTICIPANT AGREEMENT

3.1 The Participant Agreement between the Participant and Melbs is established at the moment when the (a) Participant fills in all requested information as shown in the Participant Agreement and signs it, (b) by mutual consent, which should be evident from the (online) registration of a Participant, or (c) the Participant has used the training facilities of Melbs or has participated in a Class. A Participant Agreement is entered into for an indefinite period and can be terminated in the interim in accordance with Article 7 of these Participant Conditions.

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3.2 The completed Participant Agreement and these Participant Conditions together constitute the full representation of the rights and obligations of Melbs and the Participant and supersede all prior written and oral announcements, agreements, and other correspondence.

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3.3 The Participant ensures that all data - which Melbs indicates as desirable or which the Participant should reasonably understand as necessary for the performance of the Participant Agreement - are provided to Melbs in a timely manner.

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3.4 An agreement between Melbs and a Participant consists of one or more Credit(s), which entitle(s) the Participant to participate in a (limited number of) Class(es) during the Period. Therefore, Credits have a limited validity. The individual validity is indicated in the Participant's account on the Website. Once a Credit and/or a bundle of Credits has expired or been used up, a Participant cannot sign up for a Class.

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3.5 In case of severe injuries, prolonged illness, pregnancy, or prolonged stay abroad, the validity of Credit or a bundle of Credits may be suspended with the written consent of Melbs. Melbs has the right to request evidence before granting a request for suspension.

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3.6 Credit(s) and/or a bundle of Credits automatically expire. Credit(s) and/or a bundle of Credits will not be automatically extended.

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3.7 The Participant Agreement is personal, and the Participant is not entitled to transfer the rights and obligations arising from the Participant Agreement, in whole or in part, to third parties.

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3.8 If a Participant has concluded a Participant Agreement with Melbs, the Participant is entitled to withdraw within 14 (fourteen) days after signing the Participant Agreement concluded with Melbs.

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3.9 If the Participant withdraws the Participant Agreement in accordance with Article 3.8, the Participant will receive a refund of all payments made by the Participant to Melbs, unless the Participant has already used the facilities of Melbs and/or entered a Melbs Studio.

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3.10 If the Participant decides to purchase a new/additional Subscription with Melbs, the terms of the Participant Agreement and these Participant Conditions will continue to apply in full, unless expressly agreed otherwise in writing.

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ARTICLE 4 - PRICES AND PAYMENT

4.1 The current prices for one Credit, a bundle of Credits, or a Membership are stated on the Website. The latest prices are always valid and available on the Website. Price increases do not affect already purchased and paid Credits, Memberships, or bundles of Credits.

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4.2 Unwashed, unworn, and labeled items can be returned within 30 days of purchase for a refund or Melbs store credit only.

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4.3 Receipt or proof of purchase must accompany the return to process the refund. All sale items and accessories are final sale unless stated otherwise.

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4.4 Unless otherwise agreed, payments must be made via the online payment system or on-site at Melbs. Credits, Memberships, bundles of Credits, and retail items must be paid in full in advance.

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4.5 Payments made by a Participant will not be refunded unless a valid revocation is made by the Participant as defined in article 3.9.

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4.6 Melbs reserves the right to index and change its prices and rates.

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4.7 If the facilities of Melbs cannot be fully used due to circumstances beyond Melbs's control, the fees payable by the Participant for using the facilities of Melbs will not be refunded.

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4.8 No rights can be derived from promotions or special offers before or after their validity period.

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4.9 A member shall not redeem a class for cash, and a class cannot be transferred to another person, unless written permission is given by Melbs.

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4.10 A member’s credit/debit card will be charged for the order when credits are purchased, not when classes are booked.

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4.11 All introductory offers, promotions, and discount codes are for one-time use only per individual unless explicitly indicated otherwise.

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4.12 It is a member's individual responsibility to be aware of any changes in price or expiration of classes/credits after the introductory offers, promotions, discounted credits, or memberships end.

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ARTICLE 5 - PARTICIPATION, CANCELLATION, AND RESCHEDULING OF CLASSES

5.1 In order to make a reservation, a member must first own a single class, multiple classes, or a membership. To buy a class, multiple classes, or a membership online, a member can either sign up on this Website and Application using personal email and creating a password or, if already registered, log in to buy classes or memberships and make reservations.

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5.2 Classes/credits have an expiration date stated on the pricing page on the Website and Application, and future prices are subject to change.

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5.3 Melbs accepts iDeal, SEPA, MasterCard, Visa and American Express.

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5.4 A member’s credit/debit card will be charged for the order when the reservation is submitted. Melbs will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. Melbs makes the best effort to contact the member if this occurs. If a member fails to pay fees or charges due, services or privileges may be suspended and/or terminated. The member shall be liable for any external fees that Melbs may incur in its efforts to collect any unpaid balances.

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5.5 A Participant must sign up in advance for a Class through the designated online registration system. Without registration, a Participant has no right to participate in a Class.

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5.6 Melbs reserves the right to request Members for identification at any point while on the premises.

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5.7 Melbs is entitled to adjust the training schedule and/or training locations at any time without stating reasons. The latest schedules and locations are always valid and available on the Website.

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5.8 Melbs has the right to cancel a Class if there is insufficient interest until the start of a Class. In that case, a Credit charged to the Participant will be credited.

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5.9 If a Participant causes such inconvenience or nuisance that the proper execution of a Class is hindered, Melbs may exclude them from the Class. All resulting costs will be borne by the Participant.

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5.10 Melbs wants to accommodate everyone. If a Participant does not show up twice (or more) within two weeks, Melbs may apply the measure that online scheduling will not be possible for two (2) weeks, and all appointments in the agenda will be removed.

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5.11 If a Participant has reserved a spot on the waitlist, they will receive a notification if a spot becomes available. The participant then has half an hour (30 minutes) to register for the class before the opportunity goes to the next person on the waitlist.

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5.12 Classes may be canceled or rescheduled up to 8 hours prior to the scheduled start time. This notice period ensures that other clients have the chance to book the slot if it becomes available and allows our instructors sufficient time to adjust their schedules if necessary.

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ARTICLE 6 – CREDITS & MEMBERSHIPS

6.1 For each bundle of Credits, it is described how many times the Classes can be attended during the Term. Unused Classes during the Term will expire automatically.

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6.2 One Credit entitles the participant to participate in one Class.

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6.3 The prices stated on the website are inclusive of VAT. Melbs is authorized to adjust its rates at any time in the event of any changes to the amount of VAT.

 

6.4 For other reasons (e.g., a holiday), the participant is allowed to temporarily freeze the active series for a maximum of four one-week periods with a 52-week Membership, or for a maximum of two one-week periods with a 24-week Membership. During a suspension, it is not possible to book workouts.

 

6.5 The participant acknowledges that they are entering into the membership for the agreed term as stated on the website and the Application, which begins on the date of purchase of the membership.

 

6.6 Melbs offers five types of memberships, namely:

• Foundation Membership 52-week commitment, amounting to 80 euros per 4 weeks. This Membership has a minimum duration of 52 weeks. The participant cannot cancel the Membership within this time period. After these 52 weeks, the Membership is automatically cancelled.

• Flow Membership 24-week commitment, amounting to 90 euros per 4 weeks. This Membership has a minimum duration of 24 weeks. The participant cannot cancel the Membership within this time period. After these 24 weeks, the Membership is automatically cancelled.

• Elevate Membership 52-week commitment, amounting to 150 euros per 4 weeks. This Membership has a minimum duration of 52 weeks. The participant cannot cancel the Membership within this time period. After these 52 weeks, the Membership is automatically cancelled.

• Balanced Membership 24-week commitment, amounting to 170 euros per 4 weeks. This Membership has a minimum duration of 24 weeks. The participant cannot cancel the Membership within this time period. After these 24 weeks, the Membership is automatically cancelled.

• Freedom Membership, amounting to 190 euros per 4 weeks. This Membership has a minimum duration of 4 weeks. Membership is automatically renewed every 4 weeks. The Member can cancel at any time and the Membership will then stop after the current 4 week period.

 

6.7 The participant is obligated to cover any outstanding payments before the termination date. Not complying with this regulation will result in 2 official warnings sent to the participant in writing, followed by engaging in the services of an external collection agency in order to obtain any outstanding payments. Melbs is authorized to decline access to its facilities and/or suspend the membership for the participant not complying with this regulation until all outstanding payments are covered.

 

6.8 The membership is strictly personal and cannot be transferred to someone else.

 

6.9 The membership fee must be paid by the participant using Stripe on the website, for the entire 4-week term of the membership in advance, on a 4-weekly basis, or, if required, for the initial or remaining term of the contract (or an extension thereof).

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6.10 Melbs reserves the right to collect overdue payments.

6.11 If a payment is rejected, Melbs will send a reminder in writing to the participant requesting to cover the outstanding payment as soon as possible. Should the payment remain incomplete, two official warnings will be issued in writing to the participant, followed by opening a case with an external collection agency to obtain the outstanding payment.

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6.12 If Melbs is compelled to engage the services of a collection agency in order to collect payment from the participant, the latter will also be required to pay administrative charges and any extrajudicial collection costs in the amount in accordance with the scale of collection costs. The participant will not be authorized to use the services and facilities provided by Melbs until such time as their overdue debt has been settled in accordance with the arrangements made with the collection agency.

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ARTICLE 7 - TERMINATION OF PARTICIPANT AGREEMENT

7.1 The participant can terminate the Participant Agreement in writing, with a notice period of one (1) month. Upon receipt of the participant's written termination, Melbs will send a confirmation to the participant within fourteen (14) days. If the participant does not receive this confirmation timely, the participant must immediately contact Melbs; otherwise, Melbs will assume that the written termination has not been made or made on time. 

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7.2 The participant can always delete their account via the Website or Mobile App.

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7.3 In the case of prolonged illness, injury, and/or pregnancy of the participant, the Participant Agreement can be temporarily suspended or terminated after consultation and submission of a written medical certificate.

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7.4 Melbs has the right to terminate the Participant Agreement with immediate effect if:

The participant engages in unacceptable behavior according to Melbs's judgement.

The participant systematically violated Melbs's rules.

A third party uses the participant's credits due to negligence or with the participant's knowledge.

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7.5 In the case of national restrictions or special government measures prohibiting the operation of gyms and Melbs thereof, a collective suspension on all active memberships may be imposed for an indefinite duration, or until the national restrictions or government measures change and regular services can be provided again. The scope, extent, and duration of the special collective membership suspension are at the sole discretion of Melbs, and in such a circumstance, members receive a digital notice via email issued by Melbs providing information about the event, (expected) duration, and any other important information.

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7.6 In the case of national restrictions or special government measures limiting, but not prohibiting, the operation of gyms and Melbs thereof, allowing Melbs to provide (limited) services, Melbs reserves the right to continue keeping memberships active according to the regulations provided in these terms and conditions. Members may send a personal written temporary suspension request according to the procedures stated in Article 3.5 of these terms and conditions.

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ARTICLE 8 - RISK AND LIABILITY

8.1 The use of the facilities in a Melbs studio for activities such as strength, flexibility, and conditioning training, and/or participating in any class, training program, or activities of any kind at Melbs is entirely at the participant's own risk and responsibility.

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8.2 The participant is obliged to inform Melbs, both before, during, and after any training guided by a trainer, about their physical condition, such as injuries, illnesses, and/or other physical conditions, and provide information that the participant reasonably understands is necessary for exercising exercises. The participant is solely responsible for providing this information.

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8.3 Both Melbs and its instructors are not liable for material and/or immaterial damage resulting from an accident or injuries of the participant and/or third parties.

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8.4 Melbs and its instructors accept no liability for damage, loss, or theft of the participant's or third party's property.

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8.5 The participant is liable for damage caused to Melbs's property if such damage results from negligence and/or fault of the participant.

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8.6 The exclusions and limitations of liability as stated in this article are also stipulated for the benefit of Melbs's subordinates and any other individuals whose assistance Melbs uses in the execution of the Participant Agreement.

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8.7 Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that Melbs shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.

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ARTICLE 9 - COMPLAINTS

9.1 A participant must report a complaint regarding any performance of Melbs as soon as possible after the defect or damage has been observed, and no later than fourteen (14) days after the participant has observed the defects or damage. The complaint is submitted by telephone or email to Melbs via info@melbsreformer.com, stating the location and a description of the complaint.

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9.2 The complaint must be complete, clearly described, and accompanied by any evidence.

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9.3 Melbs will respond to the complaint submitted by the participant as soon as possible, but no later than four (4) weeks from the date of receipt. If Melbs expects to need more time to process the complaint, it will immediately notify the participant of this by email after such discovery.

 

9.4 If the complaint cannot be resolved through mutual agreement, a dispute as referred to in Article 11.4 of these Participant Terms and Conditions arises.

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ARTICLE 10 - WEBSITE AND MOBILE APP

10.1 The information provided on the website is intended solely for general informational purposes. Due to external circumstances, there may be delays, defects, and/or other imperfections in the provided information.

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10.2 Although Melbs exercises the utmost care in the composition and maintenance of its website, Melbs cannot guarantee that the provided information is complete, up-to-date, and/or accurate. Therefore, the Participant hereby unconditionally and irrevocably waives their right to compensation for any direct or indirect damage that has arisen, arises, or will arise from the use of the personal data unless there is intent or gross negligence on the part of Melbs.

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10.3 The websites of third parties to which (hyper)links are included on the website are not controlled, created, and/or maintained by Melbs. Therefore, Melbs accepts no liability for the content of these linked websites.

 

10.4 The website and its content are protected by copyright, trademark, and other intellectual property rights. Nothing from this website or its content may be reproduced, stored in an automated data file, or made public in any form or manner, either electronically or mechanically, through photocopies, recordings, or any other means, without prior permission from Melbs.

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ARTICLE 11 - APPLICABLE LAW AND COMPETENT COURT

11.1 These Participant Terms and Conditions are effective from November 29, 2024 and may be changed or updated.

 

11.2 Deviations from these Participant Terms and Conditions are only valid if confirmed in writing by Melbs.

 

11.3 In the event that any provision in these Participant Terms and Conditions is declared void or is nullified, this shall not affect the validity of the remaining provisions. Melbs and the Participant shall then enter into consultations to agree on new provisions to replace the void or nullified provisions, while preserving the purpose and scope of the original provision as much as possible.

 

11.4 If a dispute arises in relation to these Participant Terms and Conditions that cannot be resolved through mutual agreement as per clause 9.4, either party may submit the dispute to the competent court in accordance with Dutch law, unless the parties agree to an alternative dispute resolution mechanism such as mediation or arbitration. 

 

11.5 Any legal relationship with Melbs is governed by Dutch law. All disputes between the Participant and Melbs arising from or in connection with the Agreement shall be exclusively settled by the competent court in the district of Breda.