Terms and Conditions

General Terms and Conditions and House Rules GYMbyJay


1. General
- These general terms and conditions and house rules apply to all agreements between GYMbyJay and the athlete (or their parent/guardian if the member is under 18 years of age), to all activities of GYMbyJay, Martial Arts and Fitness Club (hereinafter: GYMbyJay) that are inseparably connected with those agreements, and to spectators and other visitors.
- Athlete means the participant using the facilities or taking part in classes, workshops, training sessions or other activities of GYMbyJay.
- Every athlete, spectator and, where applicable, parent/guardian/grandparent or other person dropping off or collecting children is deemed to have taken note of the applicable general terms and conditions and house rules of GYMbyJay.
- The general terms and conditions and house rules are also published on www.PTbyJay.nl. A link to them is provided when completing and accepting the digital registration form via Virtuagym. Virtuagym is the digital administration system used by GYMbyJay. Registration of a minor with GYMbyJay must be completed via Virtuagym by a parent or other person with parental responsibility. Submission of the registration also constitutes confirmation that the registrant accepts the general terms and conditions and house rules and has informed the minor athlete of them.
- These general terms and conditions and house rules also apply to participants and attendees at workshops, clinics and similar activities, both at GYMbyJay locations and at external or outdoor locations.
- Rights arising from registration for classes and training sessions are strictly personal.
- GYMbyJay reserves the right to refuse athletes in the event of misuse of the membership or GYMbyJay facilities.
- GYMbyJay reserves the right to limit the total number of registered participants and to change class scheduling and duration, class location, indoor or outdoor training and opening hours. Changes to fees will only be made in accordance with Article 5. No refund of membership fees is due solely because of the other changes referred to above.
- Additional facilities, such as changing rooms and showers, do not constitute an independent part of the membership unless expressly agreed otherwise. An incidental or temporary malfunction therefore does not in principle entitle the athlete to a refund. This does not affect the athlete's statutory rights where GYMbyJay materially fails to perform the agreement.
- Please arrive at least 15 minutes before the start of class, but enter the training area only shortly before your training session. Changing rooms open 15 minutes before class.
2.Privacy and personal data
- GYMbyJay processes personal data only for specified purposes and on a valid legal basis under the General Data Protection Regulation (GDPR). To perform the membership agreement, GYMbyJay may process, where necessary, name and contact details, date of birth, account and membership details, payment details, and class registration and attendance data.
- For administration and performance of the agreement, GYMbyJay may use service providers, including Virtuagym and, where applicable, communication and automation suppliers such as Xendy/Nextmessage and Make. GYMbyJay remains responsible for lawful processing and, where required, enters into appropriate processor agreements. Current information about recipients, retention periods and any transfers outside the European Economic Area is included in GYMbyJay's privacy statement.
- Personal data is not retained longer than necessary for the purpose for which it was collected, unless a statutory retention obligation or another valid legal basis requires a longer period. Specific retention periods or the criteria used to determine them are stated in the privacy statement.
- Newsletters and other marketing communications are sent only where a valid legal basis exists. Where consent is relied upon, that consent may be withdrawn at any time. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.
- Photographs and videos in which individuals are identifiable are personal data. GYMbyJay creates and publishes identifiable visual material for promotional or commercial purposes only where a valid GDPR legal basis exists. Where consent is used, it is requested in advance and may subsequently be withdrawn. For children, consent is requested from a parent or legal representative where required by law. Refusing or withdrawing consent for promotional visual material does not affect participation in classes.
- Visitors may not create or publicly share identifiable visual material of other athletes or children during classes without the required permission. Taking photographs or videos in changing rooms and sanitary areas is prohibited.
- Data subjects may, insofar as the GDPR provides such rights, request access, rectification, erasure, restriction of processing, data portability or object to processing. Requests may be submitted to GYMbyJay in writing or by email. GYMbyJay will respond within the statutory period.
- Health data is special-category personal data. GYMbyJay does not request or process more health information than necessary and does so only where a valid statutory exception and legal basis apply. See also Article 6.
- Complete and current information about the processing of personal data, including contact details, purposes, legal bases, recipients and retention periods, is set out in a separate privacy statement made available before or when personal data is collected.
3. Own risk and liability
- Participation in martial arts, fitness and other training involves normal sporting and injury risks. The athlete is responsible for following safety instructions, using prescribed protective equipment and, to the best of their ability, taking account of their own physical capacity and that of training partners.
- GYMbyJay is liable for damage insofar as that damage is attributable to GYMbyJay under applicable law. Liability is not excluded or limited where mandatory law does not permit such exclusion or limitation.
- GYMbyJay is in principle not liable for loss, theft of or damage to personal belongings left unattended, unless the damage results from circumstances for which GYMbyJay is liable under applicable law.
- Clothing and other belongings left behind are generally kept for no more than one week.
- Every athlete and visitor is liable for damage attributable to them under applicable law. For minors, the statutory rules governing liability of minors and parents or guardians apply.
4.Participation and exclusion of athletes/specators
- The athlete registers for a class in advance through the schedule on Virtuagym/the website and, where necessary, cancels within the deadline stated for that class. In the event of late cancellation, the relevant class, strip or credit may expire. Mandatory consumer rights remain unaffected.
- GYMbyJay may refuse access to a class where there is a reasonable ground, for example for reasons of safety, capacity, payment arrears or breach of these terms or the house rules.
- Athletes and visitors must comply with the general terms and conditions, house rules, applicable law and generally accepted standards of conduct while on GYMbyJay premises. They must also follow instructions given by GYMbyJay staff. Failure to do so may result in removal and/or termination of membership.
- Any act or omission by an athlete or visitor that breaches one or more provisions of these general terms and conditions and house rules, generally accepted standards of conduct and/or applicable law, and that may harm the name or operations of GYMbyJay or its athletes, entitles GYMbyJay to treat the participation agreement as terminated with immediate effect and deny the person(s) concerned access to GYMbyJay premises, without this in itself giving rise to a refund of class fees.
- Everyone must treat others with respect. Disrespectful treatment may result in immediate termination of membership. Property of GYMbyJay and third parties, including rented sports facilities and equipment, must be used carefully. Being under the influence of drugs and/or alcohol during class is not tolerated and may result in termination of membership. Committing criminal offences in or around GYMbyJay classes results in immediate termination of membership.

5. Membership, payment, cooling-off period and cancellation
The agreement is concluded through Virtuagym or on the basis of a written accepted quotation. The selected membership type, price, start date and any fixed term are stated in the agreement or the athlete's account.
- Where an agreement is concluded online, by telephone or away from business premises, a consumer generally has a statutory 14-day cooling-off period. GYMbyJay provides the legally required information about the cooling-off period and how to exercise it. If the service begins during the cooling-off period at the consumer's express request and the consumer withdraws within that period, a proportionate amount may be payable for the part already performed, insofar as permitted by law.
- A monthly membership without a fixed term continues for an indefinite period and may be cancelled with a notice period of no more than one month, calculated from the date of cancellation. A quarterly or annual membership applies for the agreed initial fixed term. After that fixed term, if agreed, it continues for an indefinite period and may be cancelled at any time with a notice period of no more than one month.
- Cancellation may in any event be made in writing, by email or through the available digital method. If the agreement was concluded using a particular method, the consumer may also cancel using that same method insofar as required by law. An additional cancellation through a portal is not required where GYMbyJay has already validly received the cancellation.
- During an agreed fixed term, early termination is generally not possible unless permitted by law, these terms and conditions or a separate agreement. Statutory rights arising from a failure by GYMbyJay to perform remain unaffected.
- Single classes and multi-class passes are separate agreements for the validity period stated for them. Unused classes or credits expire after the validity period disclosed in advance, unless mandatory law provides otherwise.
- After termination of a membership, the registration fee disclosed at that time may be payable again upon a new registration.
- The first membership fee due and the registration fee disclosed in advance are payable at the start. Thereafter, membership fees are collected according to the agreed payment frequency. Direct debit is used only on the basis of a valid mandate.
- Absence of the athlete does not in itself entitle the athlete to a reduction or refund of membership fees. This does not affect the athlete's statutory rights in the event of a failure by GYMbyJay to perform.
- GYMbyJay is entitled to adjust membership fees no more than once per calendar year. A price adjustment may be based on general cost developments, including inflation and changes in staffing, accommodation, energy and other operating costs, and/or changes to the class offering provided by GYMbyJay. GYMbyJay informs the athlete in writing or electronically of the new fee and its effective date at least one month in advance. If a price increase takes place within three months after conclusion of the agreement, the athlete may terminate the agreement because of that increase with effect from the date the increase takes effect. For other price increases, all rights the consumer has under applicable law, including any right of termination, remain unaffected. Changes resulting directly from taxes or other government levies will be announced separately.
- In the event of late payment, GYMbyJay may send the athlete a written demand for payment. A consumer will only be charged extrajudicial collection costs after the legally required free payment reminder and payment period have expired. Any collection costs are limited to the amount permitted by law. GYMbyJay may, insofar as reasonable and legally permitted, temporarily suspend access to classes while due and payable payment arrears continues.
- For additional products or services, such as a personal training or nutrition plan, the price, duration and other conditions disclosed to the athlete before ordering apply.
6. Illness, pregnancy and holidays
- In the event of temporary medical unfitness, the athlete may request in writing or by email that the membership be placed on a pause rate for a minimum of one and a maximum of three calendar months. GYMbyJay may request reasonable evidence showing that exercising is temporarily impossible or inadvisable, but does not request a diagnosis or other medical details that are not necessary. Any health data is processed only insofar as lawful and necessary. The applicable pause rate is disclosed in advance.
- After a pause ends, a new pause may be requested subject to the conditions disclosed by GYMbyJay in advance. Credits may be suspended or expire during an agreed pause insofar as this has been clearly communicated in advance and is reasonable.
- The athlete's holiday is not in itself a ground for suspending the membership. During regular school holidays and public holidays, different class times, locations or closure days may apply. These customary schedule changes are reflected in the membership price. If the offering structurally or materially differs from what was agreed, the athlete's statutory rights remain unaffected.
7.Cancellation by GYMbyJay and refunds
- GYMbyJay may cancel or reschedule a class or training session where there is a reasonable or urgent reason, including force majeure, insufficient participants, illness of a trainer or unavailability of the training venue. Where reasonably possible, GYMbyJay will offer a replacement class or another appropriate solution. In the event of structural or material cancellation, the athlete's statutory rights, including any entitlement to a price reduction or termination, remain unaffected.
8. Access to the training area
- Spectators may accompany athletes provided they behave appropriately, do not interfere with the class in any way and remain only in the designated area.

- Access to the training area is only permitted at the start of the class attended by the athlete. Before class, the athlete must remain in the hall and/or changing rooms. If you wait in the sports hall for the next class, do not disturb the athletes currently training. Wait quietly for the next class. During the greeting before and after class, everyone in the hall must remain quiet.
9.Drinks, food, smoking and toilet visits
- Only closable drinking bottles containing water or a sports drink are permitted. Drinking during class is only permitted after the trainer has indicated that this is allowed.
- Smoking, alcohol and other intoxicating substances are prohibited. An athlete or visitor who is under the influence will be refused access.
- Consuming or sharing unhealthy food in the sports hall is not permitted.
- Using the toilet before training and washing hands is mandatory. The area inside the outer yellow lines may only be entered barefoot or in socks. Outdoor footwear may not enter this area. During training, the hall may only be left with the trainer's permission; on returning, report to the trainer again.
10.Rules for the sports hall
- Entering the hall in outdoor sports shoes is prohibited. Indoor sports shoes with black soles are also not permitted.

- Bags that are not left in the changing rooms may only be placed in the designated area near the benches.
- Wear suitable sports clothing: a T-shirt with shorts or long training trousers. Deviations are permitted only after consultation with the trainer/owner of GYMbyJay.
- Within two classes after taking out a membership, members must use their own boxing gloves and shin guards. Until then these may be borrowed from GYMbyJay free of charge. A mouthguard, groin guard (for men) and hand wraps are also mandatory. Inner gloves are discouraged. The athlete is responsible for obtaining the necessary suitable equipment. GYMbyJay may advise and facilitate this by offering competitively priced kickboxing equipment on its website.
11.Changing room rules
- Changing rooms open 15 minutes before training. Enter the training area only with the trainer's permission and at the start of the training time. Leave changing rooms, toilets and showers tidy after use. Use footwear/slippers for toilet visits; this footwear may not be worn into the training area. Washing hands afterwards is mandatory.
12.Childeren and pets
- The minimum age for participating in classes is 8 years. Until the age of 18, registration in Virtuagym must be completed by a parent or guardian using a main account and a family account for the child.
- Children accompanying a parent/guardian who are not training must remain with that parent/guardian, who is responsible for them. Any injury to such children or damage to their belongings is at the parent/guardian's own risk. Children are not permitted to play in the storage room. Pets are not permitted.

13.Complaints
- Complaints should first be reported verbally to the trainer and then in writing by email to infojeroy@ptbyj.nl. GYMbyJay will provide the complainant with its reasoned position within fourteen days of receipt. If desired, a complaint may also be submitted through a confidential adviser via the Vechtsportautoriteit (Martial Arts Authority); details are available on its website.

14. House and conduct rules for the parent/guardian/accompanying person of a member under 18
The parent/guardian/accompanying person is a good supporter and sets a good example by respecting everyone.
- The parent/guardian/accompanying person does not interfere with the guidance and training provided to members by the trainer(s).
- The parent/guardian/accompanying person ensures that their child arrives on time for training or a competition and uses the required kickboxing equipment.
- The parent/guardian/accompanying person ensures that the athlete cancels participation in a training session or competition in good time.
- The parent/guardian/accompanying person addresses any misconduct by the child.
15. Final provisions
- By entering the premises and participating in activities, the athlete or visitor must comply with the applicable house rules and reasonable safety and conduct instructions. In the event of a breach, GYMbyJay may take appropriate measures, including a warning, temporary exclusion or, in the case of a sufficiently serious or repeated breach, termination of membership.
- GYMbyJay may amend these terms and conditions during the term only where there is a reasonable ground and the amendment is not unreasonably onerous in the circumstances. The amended terms and conditions will be provided to the athlete in writing or electronically before their effective date. In the event of a material amendment to the athlete's detriment, GYMbyJay will also inform the athlete of the consequences and of any statutory or contractual right to terminate the agreement. Price changes are made exclusively in accordance with Article 5.
- If a provision of these terms and conditions is void or is annulled, the remaining provisions will remain in force as far as possible. The invalid provision will not be applied; the parties will then act in accordance with applicable law.
- The agreement and these terms and conditions are governed by Dutch law. Disputes will be submitted to the court having jurisdiction under applicable law. Mandatory consumer protection remains fully applicable.
House rules of GYMbyJay
Fighting is only permitted in the sports hall, on the mat or in the ring, and never on the street or in the changing room. Techniques taught to you may only be used to defend yourself or others and must never be disproportionate to the situation. Avoid a fight at all times!
Never use fighting techniques against someone who cannot defend themselves. Honour, loyalty and commitment to the code are more important than any fighting technique, grade or title.
Members must report health problems to the trainer before training. Exercising with a health problem remains the athlete's own responsibility.
Show respect to trainers, fellow athletes and other people in general.
At the beginning and end of class, participants greet in the traditional manner as an expression of respect for the sport, the teacher and fellow athletes.
Discipline means participating properly in classes and listening carefully to the trainer. Do not talk during explanations and do not leave the hall without permission.
Observe good personal hygiene (short, non-sharp toenails and fingernails, no unpleasant foot odour, etc.).
Be on time. Arrive at least 15 minutes before class and never disturb a class already in progress. Put on hand wraps and use the toilet before training. Wear shoes or slippers when visiting the toilet; these may not be worn inside the yellow lines of the hall.
Unsportsmanlike behaviour, swearing, bullying, discriminatory remarks, theft, deliberate damage to equipment, and the use or possession of drugs are not tolerated in our gym.
Maintain safety during training. Remove jewellery such as necklaces, piercings, watches and earrings, and use the required protective equipment (at minimum shin guards, sufficiently padded boxing gloves, groin guard, mouthguard and hand wraps).

Mobile phones must be switched off during class. If your phone needs to remain on in a particular case, inform the trainer before training.

Keep the outside area clean. Cigarette butts and waste must not be thrown on the street.

Personal training terms and conditions ENG
1. Personal training sessions must be canceled or rescheduled at least 24 hours in advance. If this is not done in time, you will lose this investment. This also applies in case of illness.

2. If the client is late, the session will continue until the end of the appointment, either 45 or 60 minutes. If the appointment starts at 12:00 PM and the client arrives at 12:15 PM, they will have the remaining 15/45 minutes until 12:30 PM or 1:00 PM. This does not apply if an appointment has been made in advance. After 15 minutes of delay, the training will be forfeited and will still be deducted from the package. With a no show aswell.

3. Each personal training package will be automatically renewed. An automatic debit will be made to extend the package. Canceling is the client’s own responsibility.

4. There is a notice period of 1 calendar month.

5. After investment, it is not possible to receive a refund in currency or for unused sessions.

6. If an injury occurs before or during training, it is advised to seek expert help from a professional, such as a physiotherapist. It is important that there is a possibility for communication between the personal trainer and the relevant expert. The personal trainer cannot be held liable for this.

7. During training, visual material may be created. In consultation with the client, it will be determined whether this can be used for training and/or advertising purposes.

8. When purchasing a package, the validity of the credits lasts for 21 days after the end of the period.

9. If a personal training session is conducted at a location other than the designated site or outdoors, travel costs will be added as an add-on to the package.

10. By paying for a package, you agree to the terms and conditions.

11. It is preferred to make an appointment at least 48 hours in advance. If you wish to train within 48 hours, please contact the personal trainer for consultation.

12. By entering into an agreement, you agree to at least 28 weeks of membership in relation to delivering results. Afterwards the membership will continuesly be tacitly extended with 4 weeks.

13. In case of (long-term) illness, absence, or vacation, the subscription can be paused for a maximum of 60 days. The credits will completely expire from the moment of pausing. If the client wishes to pause for a longer period afterwards, additional costs of €10.00 per week will apply. Pausing can only occur again after 60 days.

14. During a DUO PT where one of the members is absent, under any circumstance, there will be a choice:
- The session will continue regardless of the absence of one of the members.
- The session will be rescheduled provided that this will be indicated at least 24 hours upfront. The expiration date of the credits will remain the same regardless.
Bij een DUO PT waar 1 lid afwezig is ongeacht wat voor reden dan ook is er een keuze:
- De sessie gaat door met 1 lid.
- De sessie wordt verplaatst mits dit aangegeven wordt buiten de 24 uur voor aanvang van de les. De geldigheid van de credits blijft echter hetzelfde.
15. This contract s personal and cannot be transfered to another party.
16. The monthly payment will have to be made before the first training session.
17. GYMbyJay has the right to refuse reservations or to terminate the contract immediately, whenever de client repeatedly has a no show or cancels the classes and due to this exceeds the contract terms. Without being kept to any form of compensation and without notice of default. Partial restitution of the paid fee will never be considered or done.

18. In the case that GYMbyJay as a cause of force majeur is temporarily disabled to fulfil his duty, he has the authority to suspend his obligation without judicial intervention for s long as the situation causing force majeure continues. If compliance is permanently impossible due to force majeure, GYMbyJay may terminate the agreement without being liable for any damages or fines.

19. There is a possibility to have an add on added to your account with a Personaltrainings package. This will contain a Personal Workout/meal Schedule. This will be valid for 12 weeks. You can find this one the app. There is an additional cost.
20. When a cliënt has 3 no shows in the past 30 days, then the cliënt will be denied to make appointments for up to 7 days.

1. Personal training sessions must be canceled or rescheduled at least 24 hours in advance. If this is not done in time, you will lose this investment. This also applies in case of illness.

2. If the client is late, the session will continue until the end of the appointment, either 30 or 60 minutes. If the appointment starts at 12:00 PM and the client arrives at 12:15 PM, they will have the remaining 15/45 minutes until 12:30 PM or 1:00 PM. This does not apply if an appointment has been made in advance. After 15 minutes of delay, the training will be forfeited and will still be deducted from the package.

3. Each personal training package will be automatically renewed. An automatic debit will be made to extend the package. Canceling is the client’s own responsibility.

4. There is a notice period of 1 calendar month.

5. After investment, it is not possible to receive a refund in currency or for unused sessions.

6. If an injury occurs before or during training, it is advised to seek expert help from a professional, such as a physiotherapist. It is important that there is a possibility for communication between the personal trainer and the relevant expert. The personal trainer cannot be held liable for this.

7. During training, visual material may be created. In consultation with the client, it will be determined whether this can be used for training and/or advertising purposes.

8. When purchasing a package, the validity of the credits lasts for 21 days after the end of the period.

9. If a personal training session is conducted at a location other than the designated site or outdoors, travel costs will be added as an add-on to the package.

10. By paying for a package, you agree to the terms and conditions.

11. It is preferred to make an appointment at least 48 hours in advance. If you wish to train within 48 hours, please contact the personal trainer for consultation.

12. By entering into an agreement, you agree to at least 4 months of membership in relation to delivering results.

13. In case of (long-term) illness, absence, or vacation, the subscription can be paused for a maximum of 60 days. The credits will completely expire from the moment of pausing. If the client wishes to pause for a longer period afterwards, additional costs of €10.00 per week will apply. Pausing can only occur again after 60 days.

14. In a DUO personal training session, the training will proceed if one person cannot attend due to illness or force majeure. This session will then be counted as a single lesson for the person who is present. However, the credits for the duo remain the same.