Article 1 - Applicability

1. These general terms and conditions are applicable to all legal relationships between The Bar Rotterdam and the Client to which The Bar Rotterdam has declared these general conditions applicable.

2. These general terms and conditions are also applicable to all Agreements for the implementation of which third parties must be engaged.

3. Any deviations to these general terms and conditions are only valid if they have explicitly been agreed upon between The Bar Rotterdam and the Client in writing or in electronic form.

4. The applicability of any purchasing conditions or other conditions of the Client is explicitly rejected.

5. If one or more provisions in these general terms and conditions are invalid or are annulled, the remaining provisions of these general terms and conditions will remain fully applicable. The Bar Rotterdam and the Client will then consult each other in order to agree new provisions to replace the invalid or annulled provisions, taking into account as much as possible the purpose and purport of the original provision.

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Article 2 - Obligations of The Bar Rotterdam

1. The Bar Rotterdam subjects its premises, facilities and equipment to required and regular maintenance.

2. The Bar Rotterdam makes sure that its Staff has and maintains sufficient knowledge to carry out the performance of the Agreement.

3. The Bar Rotterdam makes sure that there are codes of conduct in place relating to safety, hygiene and behaviour and that sufficient first-aid material is available on its premises.

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Article 3 - Obligations of Client

1. The Client follows “The Bar Rules” issued by The Bar Rotterdam.

2. The Client is obligated to inform The Bar Rotterdam about a medical contraindication, injury or other physical and/or mental condition which would make participation in any of the Services difficult, unsafe or impossible.

3. The Client must follow the instructions of The Bar Rotterdam and its Staff. The Client is not permitted to make use of equipment or facilities which the Client is unfamiliar with unless the Client has requested The Bar Rotterdam or its Staff to give an explanation.

4. The Client is not permitted to make use of the equipment and facilities if he is under the influence of alcohol, drugs, medication and/or of substances which are indicated as doping.

5. The Client is not permitted to smoke in the premises made available by The Bar Rotterdam.

6. The Client is obliged to inform The Bar Rotterdam immediately of any facts and circumstances which might be relevant in connection with the performance of the Agreement and of changes to a post address, e-mail address, bank account number and phone number.

Article 4 - Photography/Video Release

1. Participants involved in any activities offered by The Bar Rotterdam may be photographed or videotaped during training. The Client hereby consents to the use of these photographs and/or videos without compensation, on the The Bar Rotterdam website or in any editorial, promotional or advertising material produced and/or published by The Bar Rotterdam. 

2. The Client is allowed to decline being photographed and videotaped during training at any time during the Client's membership. If the Client would like to revoke the consent, the Client can email info@thebarrotterdam.com.

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Article 5 - Prices and price changes

1. All prices used by The Bar Rotterdam are including VAT, as well as any costs to be incurred in connection with the Agreement and administrative costs, unless otherwise indicated.

2. The Bar Rotterdam is entitled to adjust its prices at any time and will announce any possible price increases at least four (4) weeks in advance.

3. In the event of a price increase, the Client will have the right to terminate the Agreement within four (4) weeks after notification of such price increase by The Bar Rotterdam by sending an email to info@thebarrotterdam.com. However, the option to terminate is not applicable to price adjustments on the basis of the price index as published by the statistics institute CBS for household consumption, nor to price adjustments which result directly from legislation, such as a VAT increase. Any fees owed by a Consumer after invoking its right to terminate the Agreement will be recalculated to reflect the actual period of the Agreement. Any fees paid in advance with regard to the period after rescission will be refunded by The Bar Rotterdam.

Article 6 - Payment and payment term

1. Fees due for a Service are collected monthly in advance via direct debit or prior to registration for the relevant Service, unless agreed otherwise in writing or in electronic form. Invoices will also be made available by The Bar Rotterdam.

2. In the event of late payment, failed payment or a reversal of payment, the Client will be notified by The Bar Rotterdam in writing or in electronic form and will be offered the opportunity to still settle the outstanding amount before the end of the current calendar month. If payment has not been received before the end of the current calendar month, the Client will fall into default by operation of law without any further notice of default being required.

3. If the Client has fallen into default, The Bar Rotterdam will be entitled to charge statutory interest and extrajudicial costs and everything that the Client owes to The Bar Rotterdam on any account whatsoever will become immediately due and payable. In addition, The Bar Rotterdam is then also entitled to immediately suspend further performance of the Agreement towards the Client until all outstanding amounts have been settled.

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Article 7 - Changes to the Agreement by The Bar Rotterdam

1. The Bar Rotterdam can apply intermediate changes to the Services, the facilities, class schedules, opening hours and the applicable codes of conduct. The Bar Rotterdam will duly announce such changes at least two (2) weeks in advance, unless such changes can reasonably not be announced that long in advance.

 

Article 8 - Changes to the Agreement by the Client

1. The Bar Rotterdam will allow a Client to make the following changes to the Services requested in its current Agreement, provided that The Bar Rotterdam has appointed any of these Services as eligible to changes by a Client:

- Upgrading or downgrading the number of times a Client can make use of the Services; and - Pausing the Services.

2. Upgrading or downgrading the number of times a Client can make use of the Services can be arranged through the software supplied by The Bar Rotterdam or by sending an email to info@thebarrotterdam.com and is only possible against the applicable rates at that time. Current rights to any discounts may lapse. Any such changes will take effect as of the start of the next calendar month, unless indicated otherwise. Clients are entitled to a maximum number of one (1) upgrade or one (1) downgrade per month.

3. Pausing the Services can be requested by sending an email to info@thebarrotterdam.com and will only be approved by The Bar Rotterdam if the following conditions have been met, unless indicated otherwise by The Bar Rotterdam:

- the request is received by The Bar Rotterdam at least one (1) calendar month before the requested starting date of the pause;
- the requested starting date of the pause is the first day of a calendar month;
- the requested ending date of the pause is the last day of a calendar month; and
- the requested pause has a minimum duration of one (1) calendar month and does not last longer than six (6) calendar months.

4. The Bar Rotterdam will communicate its approval or rejection of the requested pause of the Services to the Client.

5. A pause of the Services will take effect on the approved starting date and will automatically end on the approved ending date. After the pause has lapsed, the Services of the Client which were active before the pause will become active again, unless agreed otherwise between the Client and The Bar Rotterdam in writing or in electronic form.

6. An approved pause of the Services can be prolonged once with an additional term of three (3) calendar months and can be requested after the currently active pause has become active. An approved pause can also be shortened so that the Services will become active again at an earlier date than the approved ending date of the currently active pause. Any such change needs to be requested by sending an email to info@thebarrotterdam.com.

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Article 9 – Termination of the Agreement

1. Both The Bar Rotterdam and the Client have the right to terminate the Agreement in writing or in electronic form with due observance of a notice period of one (1) calendar month, which notice period commences on the first day of the calendar month following the current calendar month.

2. In the event of a cancellation, The Bar Rotterdam has the right to recalculate the fees for the past period on the basis of the effective period of use.

3. The Bar Rotterdam may cancel the Agreement prematurely and with immediate effect if:

- the Client violates one or more provisions of these general terms and conditions or of the applicable codes of conduct; or

- the Consumer has shown unacceptable, rude or aggressive behaviour towards The Bar Rotterdam, its Staff and/or other Clients of The Bar Rotterdam.
4. In case of a termination by The Bar Rotterdam as referred to in paragraph 3 The Bar Rotterdam does not refund any remaining fee. This is independent of the obligation the Client may have to compensate for damages attributable to the Client.

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Article 10 – Indemnities the client

indemnifies The Bar Rotterdam against any claims by third parties - including shareholders, directors, supervisory directors and personnel of the Client, as well as affiliated legal entities, companies and others involved in the organisation of the Client - who suffer any damages in connection with the performance of the Agreement.

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Article 11 – Liability of The Bar Rotterdam

1. Clients make use of the Services, facilities and equipment provided by The Bar Rotterdam at their own risk.

2. If The Bar Rotterdam would be liable, this liability will be limited to what has been provided for in this article.

3. If the Client demonstrates that he suffered damages by an act or omission by The Bar Rotterdam which would have been avoided had The Bar Rotterdam acted with due care and with expertise, The Bar Rotterdam will be liable for the damage up to a maximum of the amount which will be paid out under the general liability insurance taken out by The Bar Rotterdam. If no payment is made under the insurance referred to, any liability of The Bar Rotterdam is limited to the invoice amounts charged under the Agreement, whereby liability is further limited to the invoice amounts charged over the last six (6) months when an Agreement has been in force for more than six (6) months. 

4. The term damage exclusively means damage to persons, damage to property and direct financial losses. The Bar Rotterdam will never be liable for indirect loss including consequential loss, lost profits, missed savings and loss caused by operational delays.

5. The limitations of the liability for damage included in these terms and conditions will not apply if the damage is due to intent or gross negligence of The Bar Rotterdam or its Staff.

6. The liability limitations laid down in this article are also stipulated for the persons or third parties engaged by The Bar Rotterdam who can therefore directly invoke these liability limitations.

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Article 12 - Liability of the Client

1. The Client is liable towards The Bar Rotterdam for damage resulting from an attributable shortcoming in compliance with his obligations pursuant to the Agreement.

2. The Client is also liable towards The Bar Rotterdam for damage which is at the expense and risk of the Client including but not limited to damage caused by intent or gross negligence of the Client.

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Article 13 – Complaints

1. Any complaints about the implementation of the Agreement must be submitted to The Bar Rotterdam in writing or in electronic form within four (4) weeks after the Client has identified the shortcomings.

2. The complaint must include a detailed description, possibly with means of proof, in order to enable The Bar Rotterdam to respond adequately.
3. The late submission of a complaint may result in the Client losing his rights concerning.

4. The Bar Rotterdam will respond to the complaints submitted by the Client as soon as possible but no later than four (4) weeks from the date of receipt of the complaint. In the event a complaint requires an expected time which is longer, The Bar Rotterdam will respond with a confirmation of receipt and an indication of the term within which the Client may expect an answer.

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Article 14 - Personal data

1. In order to execute the Agreement, The Bar Rotterdam collects personal data from the Client. The Bar Rotterdam processes personal data with due care and within the framework of the applicable legislation and regulations, such as the General Data Protection Regulation (GDPR).

2. The privacy declaration of The Bar Rotterdam lists which data is processed by The Bar Rotterdam, for which purposes it is being processed, how The Bar Rotterdam handles the personal data and the way in which involved persons are able to exercise their rights for the processing of their personal data. The privacy statement is listed on the website of The Bar Rotterdam (www.thebarrotterdam.com).

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Article 15 – Changes to the terms and conditions

1. The Bar Rotterdam is entitled to unilaterally change or supplement these general terms and conditions.

2. In the event any change gives The Bar Rotterdam the right to provide a performance which is substantially different from the promised performance under the Agreement, a Consumer has the right to terminate the Agreement. In that case, the Consumer must communicate such in writing or in electronic form with due observance of the notice period referred to in paragraph 1 of article 15.

Article 16 – Governing law and competent court

1. Dutch law shall be applicable to all agreements between The Bar Rotterdam and the Client.

2. All disputes between The Bar Rotterdam and the Client will be settled by the competent court in the district in which The Bar Rotterdam has his business location, unless the law prescribes otherwise.

 

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.