Terms and Conditions

Frequently Asked Questions (FAQ)
Payments & Rates

1. When do I need to make a payment?
Payment must be made in advance according to the agreed rate and within the payment term specified on the invoice.

2. What happens if I don't pay on time?
If a payment is not made on time, you will first receive a reminder free of charge. If no payment is made after this reminder, a small fee will be charged to cover administrative costs. If no payment follows this, you will receive a second reminder. You will then receive a final reminder by email, giving you 14 days to respond and pay. If no payment is received after this period, we will involve a collection agency, and statutory interest and extrajudicial costs may be charged. In case of non-payment, the agreement may also be suspended.

3. How does the 1-month cancellation notice work?

Let’s say your subscription starts on January 1st and runs for 4 weeks until January 29th. If you decide to cancel your subscription on January 5th, the 1-month cancellation notice is calculated from the date of cancellation, meaning your notice period ends on February 5th.

Since the new 4-week subscription period starts on January 29th (and runs until February 26th), your subscription will continue until February 26th. This is because the system works on a rolling 4-week period, and the cancellation notice aligns with the next full subscription period.

In summary:

Your subscription starts on January 1st and ends on January 29th.

If you cancel on January 5th, the notice period will run until February 5th.

However, your subscription will continue until February 26th, because the new subscription period begins on January 29th.

4. Can the gym increase my rate during the contract?
Yes, under certain circumstances, the rate may be increased, such as:

A change in VAT rates (e.g., from 9% to 21%)

Extreme inflation or rising costs

In such cases, you will be notified in writing at least 30 days in advance. The increase will always be proportional and reasonable.

5. When can Total Strength adjust the VAT on my subscription?
If the government changes the VAT rate, we will adjust your subscription to reflect the new rate. This applies even if you have an ongoing contract. You will be informed in advance.

Subscriptions & Contracts

6. What happens to my annual subscription after 12 months?
After the first 12 months, your subscription will automatically be converted to a monthly cancellable subscription with the applicable rates at that time. This monthly subscription can be canceled at any time with a 1-month notice period.

If you'd prefer to keep the lower rate, you can opt for a new annual subscription. Let us know in writing or digitally before the end of your first 12 months.

Complaints & Service

7. What should I do if I have a complaint?
If you are dissatisfied with our service or the execution of your subscription, please let us know within 7 calendar days of the incident that led to your complaint. You can report your complaint:

Via email: totalstrength@outlook.com

Subject of your email: "Complaint"

Make sure your complaint is clear and well-supported. We will respond within 7 calendar days. Together, we will find an appropriate solution.

Use of Facilities

8. What is the client's obligation when using the equipment in the gym?
Clients are required to bring and use a towel in the gym and workout rooms. When using equipment, the towel must be placed over the seat unless otherwise indicated.

9. Do I have to clean the equipment after use?
Yes, after using the equipment, you must leave it clean. Cleaning supplies are available for use.

10. Is there surveillance in the gym?
Yes, Total Strength monitors the gym location through cameras that record 24/7. This is done for safety and to prevent theft. If you do not wish to be filmed, you may not use the facilities.

11. Am I allowed to take photos or videos of others in the gym?
No, it is not allowed to take photos or videos of others without their permission. Violating this rule can lead to suspension or termination of the agreement.

R. Schults, operating under the name Total Strength B.V., is registered with the Chamber of Commerce under number 91 98 22 86 and is located at Verl. Luijtenstraat 20, 2941 CH, Lekkerkerk.
Article 1: Definitions
1.In these terms and conditions, the following terms will be used with the meanings defined below, unless explicitly stated otherwise.
2.Offer: any offer or proposal made by Total Strength to the Client for the provision of Services.
3.Services: Personal training, duo personal training, small group training, and/or open-entry training.
4.Total Strength: The Service Provider offering Services to the Client.
5.Client: the natural person, not acting in the course of business or profession, who has appointed Total Strength, granted projects to Total Strength for Services that Total Strength will carry out, or to whom Total Strength has made a proposal based on an Agreement.
6.Agreement: any agreement and other obligations between the Client and Total Strength, as well as proposals from Total Strength for Services provided by Total Strength to the Client, which have been accepted and executed by Total Strength, forming an inseparable whole with these terms and conditions.
Article 2: Applicability
1.These terms and conditions apply to every Offer made by Total Strength, every Agreement between Total Strength and the Client, and to every service offered by Total Strength.
2.Before an Agreement is concluded, the Client will be provided with these terms and conditions. If this is not reasonably possible, Total Strength will indicate to the Client how these terms and conditions can be viewed.
3.Deviations from these terms and conditions are not allowed. In exceptional situations, deviations can be made if explicitly and in writing agreed upon with Total Strength.
4.These terms and conditions also apply to additional, modified, or subsequent assignments from the Client.
5.The Client's own terms and conditions are excluded.
6.If one or more provisions of these terms and conditions are partially or fully invalid or are annulled, the remaining provisions will remain in force, and the invalid/annulled provision(s) will be replaced by a provision with the same meaning as the original provision.
7.Ambiguities regarding the content, interpretation, or situations not covered by these terms and conditions should be assessed and interpreted in the spirit of these terms and conditions.
8.The applicability of articles 7:404 of the Dutch Civil Code (BW) and 7:407 paragraph 2 BW is explicitly excluded.
9.If in these terms and conditions reference is made to "she/her", it should also be interpreted as referring to "he/him/his", if and as applicable.
10.Even if Total Strength has not consistently demanded compliance with these terms and conditions, it retains the right to fully or partially enforce compliance with these terms and conditions.
Article 3: The Offer
1.All offers made by Total Strength are non-binding unless explicitly stated otherwise in writing. If the Offer is valid under specific conditions, this will be clearly stated in the Offer.
2.Total Strength is only bound by an Offer if it is confirmed by the Client in writing within 30 days. However, Total Strength reserves the right to refuse an Agreement with a (potential) Client for any reasonable cause.
3.The Offer contains a description of the Services offered. The description is sufficiently detailed so that the Client can make an informed judgment about the offer. Any data in the offer is indicative only and cannot serve as a basis for claims for damages or for rescinding the Agreement.
4.Offers or quotations are not automatically valid for subsequent assignments.
5.Delivery times in the offer from Total Strength are generally indicative and do not entitle the Client to cancel the Agreement or seek compensation, unless explicitly agreed otherwise.
Article 4: Conclusion of the Agreement
1.The Agreement is concluded at the moment the Client accepts the Offer or Agreement from Total Strength by returning a signed copy (either scanned or original) to Total Strength, or by providing explicit and unambiguous consent to the Offer via email.
2.Total Strength is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or typo. The Client cannot derive any rights from such a mistake or typo.
3.If the Client cancels an already confirmed assignment, the costs already incurred (including time spent) will be charged to the Client.
4.Any Agreement with Total Strength or a project assigned by the Client to Total Strength rests with the company and not with any individual associated with Total Strength.
5.The Client has a statutory right of withdrawal for 14 days unless Total Strength has already started the provision of Services with the Client's consent. By providing such consent, the Client waives the right of withdrawal.
6.If the Agreement is entered into by multiple Clients, each Client is jointly and severally liable for the performance of all obligations arising from the Agreement.
7.The Agreement is strictly personal and non-transferable.
Article 5: Duration of the Agreement
1.The Agreement is concluded for a fixed term unless the nature or purpose of the assignment indicates it is concluded for an indefinite period.
2.Both the Client and Total Strength can terminate the Agreement due to an attributable shortcoming in the performance of the Agreement, provided the other party has been given written notice of default and a reasonable period to fulfill its obligations, and still fails to fulfill them correctly. This includes the Client's obligations to make payments and provide cooperation.



Article 5: Termination of the Agreement
1.The termination of the Agreement does not affect the Client's payment obligations insofar as Total Strength has already performed work or delivered services at the time of termination. The Client must pay the agreed fee.
2.Both parties may terminate the Agreement by registered mail or at least by email, with a notice period of one (calendar) month.
3.In case of early termination of the Agreement, the Client is liable to pay Total Strength for the costs actually incurred up to that point at the agreed rate.
4.Both the Client and Total Strength may terminate the Agreement, in whole or in part, immediately in writing without further notice of default if one of the parties is in suspension of payment, has filed for (personal) bankruptcy, or if Total Strength's business ends through liquidation. In such cases, Total Strength is never required to refund any amounts already received or to provide compensation.
Article 6: Performance of the Services
1.Total Strength will make every effort to perform the agreed service with the utmost care, as expected from a competent service provider. Total Strength guarantees professional and independent service. All Services are performed on a best-efforts basis unless explicitly and in writing a result has been agreed upon, which is specifically detailed.
2.The Agreement under which Total Strength performs the Services is leading in determining the scope and range of the service. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive rights from the content of the Services performed in connection with the Agreement.
3.The information and data provided by the Client form the basis for the Services and prices offered by Total Strength. Total Strength reserves the right to adjust its services and prices if the provided information proves to be incorrect or incomplete.
4.In performing the Services, Total Strength is not obliged to follow the Client's instructions if doing so would change the content or scope of the agreed Services. If such instructions result in additional work for Total Strength, the Client must compensate Total Strength for the additional costs based on a new quotation.
5.Total Strength has the right to engage third parties for the execution of the Services at its discretion.
6.If the nature and duration of the assignment require it, Total Strength will keep the Client informed of progress via the agreed method.
7.The performance of the Services is based on the information provided by the Client. If this information needs to be changed, it may affect any established schedule. Total Strength is never liable for adjusting the schedule. If the start, progress, or completion of the Services is delayed due to, for example, the Client failing to provide all requested information in a timely manner or in the desired format, insufficient cooperation, failure to pay an advance to Total Strength on time, or other circumstances for which the Client is responsible, Total Strength is entitled to a reasonable extension of the delivery period. All damages and additional costs resulting from such delays are at the Client's expense and risk.
8.All parties must adhere to Total Strength's house rules. Violating these rules may result in the termination of the Agreement and the Client being denied access to Total Strength's location. In such cases, the Client cannot claim a refund of any amounts already paid to Total Strength.
9.If an employee of Total Strength or a third party engaged by Total Strength gives instructions to the Client, the Client is obliged to follow these (reasonable) instructions.
Article 7: Obligations of the Client
1.The Client is obliged to provide all information requested by Total Strength, as well as relevant attachments and associated information, in a timely manner and/or before the commencement of the work and in the desired format, for the proper and efficient execution of the Agreement. If this is not provided, it may result in Total Strength being unable to complete the execution and/or delivery of the relevant services. The consequences of this situation are always the responsibility and risk of the Client.
2.Total Strength is not obliged to verify the accuracy and/or completeness of the information provided to it, nor to update the Client if this information changes over time. Total Strength is also not responsible for the accuracy and completeness of information that it has compiled for or provided to third parties as part of the Agreement.
3.Total Strength may, if necessary for the execution of the Agreement, request additional information. If the Client fails to provide this, Total Strength is entitled to suspend its work until the information is received, without being required to pay any compensation to the Client. In case of changed circumstances, the Client must notify Total Strength immediately, or at the latest within 3 working days after the change becomes known.
4.The Client has an obligation to report (potential) health risks regarding exercise. The Client must inform Total Strength before participating in a small group training session or using the equipment if they have any injuries or are taking medication that may prevent them from participating normally. The Client is responsible and liable for failing to provide this information, either partially, late, or not at all.
5.Any (physical) damage resulting from using the equipment and/or facilities, as well as participation in small group training, is entirely at the Client's own risk and responsibility.
6.The Client is required to wear appropriate sportswear and comply with the hygiene requirements established by Total Strength when using its facilities. If the Client fails to do so, Total Strength has the right to address this and deny the Client access to the facilities until they meet these obligations.
7.The use of Total Strength's facilities is entirely at the Client's own risk and responsibility. The Client is advised to attend a (free) introductory lesson on using the equipment. The Client is required to always follow the instructions and safety regulations provided by Total Strength.
Atricle 8

1. Total Strength may, if instructed, prepare advice, a plan of action, design, report, schedule, and/or documentation for the services provided. The content of these is non-binding and advisory in nature, but Total Strength will take its duty of care into account. The Client decides, at their own responsibility, whether to follow the advice provided.
2. The advice provided by Total Strength, in any form, is never to be considered as medical or dietary advice. If the Client interprets this advice as medical or dietary advice, the Client must first consult with a trained specialist.
3. Upon Total Strength's first request, the Client is obliged to evaluate the proposals provided by Total Strength. If Total Strength's work is delayed because the Client does not evaluate a proposal made by Total Strength in a timely manner, the Client is at all times responsible for the consequences of this delay.
4. The nature of the services provided means that the outcome is always dependent on external factors that may influence the reports and advice of Total Strength, such as the quality, accuracy, and timely delivery of necessary information and data from the Client and their employees. The Client is responsible for the quality and timely, correct provision of the required data and information.
5. The Client will notify Total Strength in writing before the start of the services about any circumstances that are or could be relevant, including any points or priorities that the Client wants attention paid to.
Article 9 - Coaching and/or Training
1. If instructed, Total Strength may provide coaching or small group training for the Client and other participants. In the context of this article, when referring to coaching, small group training and/or personal training is also included.
2. The coaching session will take place at the Client’s location or at another location to be determined by Total Strength. If the coaching session is held at the Client’s location, the Client is obliged to appear on time. If a coaching session cannot take place or is delayed because the Client has not fulfilled the aforementioned obligation, the Client is fully responsible for the consequences, such as any delay. Total Strength also has the right to provide instructions regarding the suitability of the location and the facilities available there prior to the start of the coaching session.
3. The content of the coaching session offered by Total Strength and the advice provided during the coaching session is non-binding and advisory in nature, but Total Strength will take its duty of care into account. The coaching session will, where possible, be tailored to the Client's wishes and the needs of the participants.
4. The Client will notify Total Strength in writing before the start of the coaching session about any circumstances that are or could be relevant, including any points or priorities that the Client wants attention paid to.
5. Total Strength has the right to cancel or reschedule the coaching session to another date if there are insufficient registrations. It is solely at the discretion of Total Strength whether the coaching session is rescheduled. If the Client is unavailable on the new date, the Client is entitled to a proportional refund of already paid fees or may participate in a coaching session at another date. The parties will discuss this matter. If there are too many registrations, Total Strength has the right to hold the coaching session in multiple smaller sessions. If applicable, this situation will be discussed with the Client in a timely manner.
6. If a Participant is unable to attend the coaching session on the agreed date and time, they must inform Total Strength as soon as possible.
7. Cancellation or changes to the coaching session are possible up to 24 hours before the start of the session via the Total Strength app. If the coaching session is not canceled in time, the costs for the reserved time will be charged to the Participant.
Article 10 - Use of Equipment
1. The Client is required to bring and use a towel in the fitness room and the lesson halls. When using equipment, the towel should be placed over the seat, unless otherwise indicated on the specific equipment.
2. After using the equipment, the Client must leave the equipment clean. The Client can use the available cleaning supplies for this purpose.
3. It is not permitted to occupy multiple pieces of equipment at the same time.
4. In the event of maintenance to the Total Strength facility or equipment, Total Strength is not liable for the unavailability of these facilities. The Client is never entitled to any refund of already paid fees or compensation. The Client may make use of other available facilities and/or replacement fitness equipment.
Article 11 - Prices and Payment
1. All prices are, in principle, inclusive of VAT (Value Added Tax), unless otherwise agreed.
2. Total Strength will carry out its services in accordance with the agreed-upon rate. The costs for the services will be invoiced in advance.
3. The Client is obliged to fully reimburse any third-party costs incurred by Total Strength after approval from the Client, unless otherwise explicitly agreed.
4. The parties may agree that the Client must pay an advance. If an advance has been agreed upon, the Client must pay it before the commencement of the services.
5. The Client may not derive any rights or expectations from a preliminary budget unless the parties have explicitly agreed otherwise.
6. Total Strength is entitled to increase the applicable prices and rates annually in accordance with the applicable inflation rates. Other price changes during the agreement are only possible if and to the extent they are explicitly specified in the agreement.
7. The Client must pay these costs in one lump sum, without offset or suspension, within the specified payment term as stated on the invoice, to the bank account and details of Total Strength provided to the Client.
8. In the case of liquidation, insolvency, bankruptcy, involuntary liquidation, or a request for payment against the Client, the payment and all other obligations of the Client under the agreement become immediately due.

Article 12 - Collection Policy
1. If the Client fails to meet their payment obligation and has not fulfilled their obligation within the specified payment term, the Client, if a Business, will automatically be in default. If the Client is a Consumer, they will first receive a written reminder with a term of 14 days from the date of the reminder to fulfill the payment obligation, along with an indication of the extrajudicial costs if the Consumer does not fulfill their obligations within that term, before being considered in default.
2. From the date the Client is in default, Total Strength will, without further notice of default, be entitled to the statutory commercial interest from the first day of default until full payment is made, and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the schedule in the decree on reimbursement for extrajudicial collection costs of July 1, 2012.
3. If Total Strength has incurred additional or higher costs that are reasonably necessary, these costs will be eligible for reimbursement. The full judicial and enforcement costs incurred are also the Client's responsibility.

Article 13 - Privacy, Data Processing, and Security
1. Total Strength handles the (personal) data of the Client with care and will use it only in accordance with the applicable standards. If requested, Total Strength will inform the individual concerned about this.
2. The Client is responsible for the processing of data that is processed using Total Strength's services. The Client also guarantees that the content of the data is not unlawful and does not infringe the rights of third parties. In this context, the Client indemnifies Total Strength against any (legal) claims related to this data or the execution of the Agreement.
3. If Total Strength is required under the Agreement to ensure information security, this security will meet the agreed specifications and a level of protection that, considering the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
4. The Client is aware and agrees that Total Strength monitors the sports location at all times using cameras that record 24/7. These recordings are made for the safety of the Client and Total Strength, as well as to prevent theft. The Client will be filmed in all public spaces of Total Strength. If the Client does not wish to be filmed, they cannot use the facilities at Total Strength. Total Strength is never liable for any damages due to the filming of the Client. The Client is also aware that if they violate Total Strength's house rules and/or applicable laws and regulations, the footage may be handed over to the police. The footage will not be retained longer than strictly necessary, but for a maximum of 28 days. In the event of an incident being recorded, Total Strength is entitled to retain the footage longer until the incident is resolved.
5. The Client is prohibited from taking photos and/or videos of others on or around the location. In case of violation, Total Strength is entitled to immediately suspend or terminate the Agreement.

Article 14 - Suspension and Termination
1. Total Strength has the right to retain any received or realized data, databases, and other materials if the Client has not yet fully fulfilled their payment obligations. This right remains in effect if there is a legitimate reason for Total Strength that justifies suspension.
2. Total Strength is authorized to suspend the performance of its obligations as soon as the Client is in default with respect to any obligation arising from the Agreement, including late payment of invoices. The suspension will immediately be confirmed to the Client in writing.
3. Total Strength will not be liable for any damage, under any circumstances, resulting from the suspension of its work.
4. Suspension (and/or termination) does not affect the Client's payment obligations for work already completed. Additionally, the Client is obligated to compensate Total Strength for any financial loss incurred as a result of the Client's failure to meet their obligations.

Article 15 - Force Majeure
1. Total Strength is not liable if, due to a force majeure situation, it is unable to fulfill its obligations under the Agreement.
2. Force majeure on the part of Total Strength includes, but is not limited to: (i) force majeure on the part of Total Strength's suppliers, (ii) failure of suppliers, prescribed or recommended to Total Strength by the Client or their third parties, (iii) deficiencies in software or any third parties involved in the service delivery, (iv) government measures, (v) power outages, internet, data network, and/or telecommunications disruptions, (vi) illness of Total Strength's employees or advisors, and (vii) any other situation, in Total Strength's judgment, that is beyond its control and temporarily or permanently prevents the fulfillment of its obligations.
3. In the event of force majeure, both parties have the right to fully or partially terminate the Agreement. All costs incurred prior to the termination of the Agreement will be paid by the Client. Total Strength is not required to compensate the Client for any losses caused by such a termination.

Article 16 - Limitation of Liability
1. If any result defined in the Agreement is not achieved, a shortcoming by Total Strength is only deemed to exist if Total Strength explicitly promised this result when accepting the Agreement.
2. If there is a breach attributable to Total Strength, Total Strength is only obliged to pay compensation if the Client has formally notified Total Strength of the breach within 14 days of discovering it and if Total Strength does not remedy the breach within a reasonable period. The notice of default must be submitted in writing and include a sufficiently precise description/justification of the breach, so Total Strength can respond adequately.
3. If the provision of services by Total Strength results in liability, that liability is limited to the total amount invoiced under the Agreement, but only for the direct damage suffered by the Client, unless the damage is the result of intent or gross negligence by Total Strength. Direct damage is defined as reasonable costs incurred to limit or prevent direct damage, to determine the cause of the damage, the direct damage, liability, and how to remedy it.
4. Total Strength explicitly excludes all liability for consequential damages. Total Strength is not liable for indirect damage, business damage, loss of profit, lost savings, damage due to business disruption, loss of assets, delay damages, interest damage, and intangible damage.
5. The Client indemnifies Total Strength against all third-party claims arising from a defect in a service provided by the Client to a third party, which included services provided by Total Strength, unless the Client can demonstrate that the damage was solely caused by Total Strength’s service.
6. Total Strength is not liable for theft, damage, or loss of (personal) property in or around the Total Strength location.
7. Total Strength is also not liable for bodily injury resulting from injuries, participation in small group training, or accidents. The participation of the Client/Participant is at their own risk and responsibility. The Client/Participant is responsible for their own choice to use equipment or participate in small group training. In the case of participation by persons with disabilities, the responsible caregiver and/or legal representative must ensure proper guidance or notify one of Total Strength's instructors. Any injuries or medication use must be communicated to the instructor prior to using equipment or attending lessons. Total Strength is never liable for (bodily) damage arising from this.
8. Any advice provided by Total Strength based on incomplete or incorrect information provided by the Client is never grounds for liability by Total Strength.
9. The content of the advice provided by Total Strength is non-binding and advisory in nature. The Client decides, at their own responsibility, whether to follow the proposals and advice provided by Total Strength. All consequences resulting from following the advice are at the Client's risk. The Client is free to make their own decisions, even if they differ from Total Strength's (provided) advice. Total Strength is not obliged to offer any refund in such cases.
10. If a third party is engaged by or on behalf of the Client, Total Strength is never liable for the actions and advice of the third party engaged by the Client, nor for processing the results (of advice given) of the third party in Total Strength's own advice.
11. Total Strength does not guarantee the accurate and complete transmission of the content of emails sent by or on behalf of Total Strength, nor the timely receipt of such emails.
12. All claims from the Client due to a failure by Total Strength are forfeited if not reported in writing and substantiated to Total Strength within one year after the Client became or reasonably could have been aware of the facts on which the claim is based. A year after the termination of the Agreement between the parties, Total Strength’s liability expires.
Article 17 Confidentiality
1.Total Strength and the Client are obligated to maintain confidentiality regarding all confidential information obtained in the context of an assignment. The confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that the information is confidential. The confidentiality does not apply if the relevant information is already publicly known, the information is not confidential, and/or the information was not disclosed to Total Strength by the Client during the Agreement and/or obtained by Total Strength in other ways.
2.Specifically, confidentiality applies to advice, reports, designs, methodologies, and/or documentation created by Total Strength in relation to the Client’s assignment. It is expressly prohibited for the Client to share the content of this information with employees who are not authorized to access it and with (unauthorized) third parties. Furthermore, Total Strength will always exercise due care in handling all business-sensitive information provided by the Client.
3.If Total Strength is required to disclose confidential information based on a legal provision or a judicial decision to a legally authorized third party (including a judge or other indicated third party) and Total Strength cannot invoke a legal privilege, Total Strength is not liable for any damages, and the Client has no grounds for terminating the Agreement.
4.Any transfer or distribution of information to third parties and/or publication of statements, advice, or materials provided by Total Strength to third parties requires the written consent of Total Strength, unless such consent was expressly agreed upon in advance. The Client will indemnify Total Strength against any claims by such third parties arising from reliance on information that was distributed without the written consent of Total Strength.
5.Total Strength and the Client also impose the confidentiality obligation on any third parties they engage.

Article 18 Intellectual Property Rights
1.All intellectual property rights and copyrights of Total Strength, including but not limited to all designs, models, reports, and advice, remain the exclusive property of Total Strength and are not transferred to the Client unless explicitly agreed otherwise.
2.If it is agreed that one or more of the aforementioned items or works of Total Strength will be transferred to the Client, Total Strength is entitled to conclude a separate agreement for this and to demand an appropriate financial compensation from the Client. Such compensation must be paid by the Client before they acquire the relevant items or works along with the associated intellectual property rights.
3.The Client is prohibited from disclosing, reproducing, modifying, or making available to third parties (including for commercial purposes) any documents or software on which Total Strength's intellectual property rights and copyrights rest, without explicit prior written consent from Total Strength. If the Client wishes to make changes to materials delivered by Total Strength, Total Strength must explicitly approve the proposed changes.
4.The Client is prohibited from using materials or documents on which Total Strength's intellectual property rights rest in any way other than agreed in the Agreement.
5.The parties will inform each other and take joint measures if an infringement of intellectual property rights occurs.

Article 19 Indemnity and Accuracy of Information
1.The Client is responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or materials in any form provided to Total Strength in the context of an Agreement, as well as for data obtained from third parties and provided to Total Strength for the execution of the service.
2.The Client indemnifies Total Strength from any liability arising from the failure to timely provide all correct, reliable, and complete data, information, documents, and/or materials.
3.The Client indemnifies Total Strength from any claims made by the Client or third parties engaged by the Client or working under the Client’s direction, as well as from claims by the Client's customers, based on the failure to obtain any required consents necessary for the execution of the Agreement.
4.The Client indemnifies Total Strength from any claims from third parties arising from work carried out for the Client, including but not limited to intellectual property rights over data and information provided by the Client that may be used in the performance of the Agreement, and/or actions or omissions by the Client towards third parties.
5.If the Client provides electronic files, software, or data carriers to Total Strength, the Client guarantees that these are free from viruses and defects.

Article 20 Complaints
1.If the Client is not satisfied with Total Strength's service or has complaints regarding the execution of the assignment, the Client must report these complaints as soon as possible, but no later than 7 calendar days after the incident that led to the complaint. Complaints may be made orally or in writing via totalstrength@outlook.com, with "Complaint" as the subject.
2.The complaint must be sufficiently substantiated and/or explained by the Client in order for Total Strength to handle it.
3.Total Strength will respond to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4.The parties will try to resolve the issue together.

Article 21 Governing Law
1.The legal relationship between Total Strength and the Client is governed by Dutch law.
2.Total Strength has the right to amend these general terms and conditions and will inform the Client of any changes.
3.All disputes arising from or related to the Agreement between Total Strength and the Client will be resolved by the competent court in The Hague, unless mandatory legal provisions designate another competent court.

Article 22: VAT and Rate Changes
1. VAT Adjustment: In the event that government tax rates for goods and services (VAT) increase from 9% to 21% or to another percentage, Total Strength reserves the right to adjust the subscription fees proportionally to the new VAT rate, even if a customer has signed a contract for a specified period. The customer will be informed in advance of such an increase.
2.Rate Changes:
Total Strength reserves the right to increase subscription fees during the term of this contract in the event of changes to tax rates (such as VAT adjustments) or other cost increases, such as inflation impacting the price of services offered. In such a case, the customer will be informed in writing at least 30 days before the change. The price increase will be proportional to the change in tax rates or other costs.

Article 23: Price Increase
1.After the first 12 months of the subscription, the gym has the right to increase the subscription fee. The increase will be communicated to the member in the welcome email upon registration. The price increase will be based on market developments and inflation and will always be reasonable and transparent.
2.Automatic Transition to Monthly Subscription
After the initial 12-month subscription period, the membership will automatically transition to a monthly subscription, unless otherwise agreed in writing. The monthly subscription is cancellable on a monthly basis with a one-month notice period. If the member wishes to continue the subscription under the modified conditions, the monthly rate will take effect from the time of the change.
3.Choice for a New Annual Subscription
If the member chooses to sign a new annual subscription after the first 12 months instead of switching to the monthly subscription, the member must notify the gym in writing or digitally before the end of the initial subscription period (12 months). If the member does not provide timely notice, the subscription will automatically convert to a monthly subscription.
4.Information and Consent
The member will be informed during registration about the price increase and the transition to the monthly subscription. The member has the option to object to the change by terminating the subscription with the applicable one-month notice period. If there is an objection, the normal cancellation procedure applies.
5.Review of Rates
The price increase will never be unreasonable and will be aligned with general market conditions. The gym will review the rates annually and inform members in a timely manner about any changes.

Lekkerkerk, January 5, 2025