Terms and Conditions

General Terms and Conditions First Class Fitness

ARTICLE 1. | DEFINITIONS

In these General Terms and Conditions, the following terms, including those conjugated in the plural or singular, are used with the following meanings, insofar as the nature or purport of the provisions present does not imply otherwise.

1. First Class Fitness, the user of these general terms and conditions, established at Schieweg 1A, 2627 AN Delft, registered in the Commercial Register under Chamber of Commerce number 63804905
2. Counterparty: any natural or legal person with whom First Class Fitness has concluded or intends to conclude an agreement.
3. Consumer: the counterparty as referred to in the previous paragraph, a natural person, not acting in the exercise of a profession or business.
4. Parties: First Class Fitness and the other party jointly.
5. Agreement: any agreement concluded between First Class Fitness and the Counterparty, whereby First Class Fitness has undertaken towards the Counterparty, at a price to be agreed upon, to provide services and/or the sale and delivery of products.
6. Distance contract: the agreement as referred to in the previous paragraph concluded between First Class Fitness and the consumer within the framework of a system organised by First Class Fitness for distance selling or service provision without the simultaneous personal presence of First Class Fitness and the consumer, and in which, up to and including the moment of concluding the agreement, exclusive use is made of one or more means of distance communication. A distance contract exists in any event that the agreement between First Class Fitness and the consumer is concluded via a First Class Fitness webshop.
7. Membership: the agreement as referred to in paragraph 5 whereby the parties have committed themselves to each other for a specified or unspecified period to continuous, recurring or successive performances, such as in the case of a (personal) training subscription or long-term agreement relating to coaching.
8. Products: all items to be sold and delivered by or on behalf of First Class Fitness to the other party within the framework of the agreement, such as, but not limited to, nutritional supplements, training materials, meals, etc.
9. Services: all services to be provided by or on behalf of First Class Fitness within the framework of the agreement, such as but not limited to (personal) training, lifestyle advice, and (behavioral) coaching.
10. Written: both traditional written communication and digital communication stored on a durable data carrier, such as email communication.
11. Right of withdrawal: the statutory option offered to the consumer to withdraw from a distance contract during the statutory cooling-off period of 14 days.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every offer from First Class Fitness and every agreement concluded.
2. The applicability of any general terms and conditions of the counterparty, however designated, is expressly rejected.
3. The provisions of these general terms and conditions may only be deviated from expressly and in writing. If and to the extent that the provisions of these general terms and conditions deviate from what the parties have expressly and in writing agreed upon, what the parties have expressly and in writing agreed upon shall prevail.
4. The annulment or invalidity of one or more of the provisions of these general terms and conditions shall not affect the validity of the remaining provisions. In such a case, the parties are obliged to enter into mutual consultation in order to reach a replacement arrangement regarding the affected provision. In doing so, the purpose and intent of the original provision shall be taken into account as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS

1. Unless a period for acceptance is stated therein, every offer from First Class Fitness is without obligation. A non-binding offer from First Class Fitness may be revoked by First Class Fitness immediately after its acceptance by the other party.
2. The other party may not derive any rights from an offer from First Class Fitness that contains an obvious error or mistake, nor from an offer from First Class Fitness that is based on incorrect or incomplete information provided by the other party.
3. A composite quotation does not obligate First Class Fitness to fulfill a portion of the offer at a corresponding portion of the quoted price.
4. Agreements are concluded through offer and acceptance. If the acceptance of the other party deviates from the offer of First Class Fitness, the agreement is not concluded in accordance with this deviating acceptance, unless First Class Fitness indicates otherwise. In the case of a distance contract, First Class Fitness will confirm that agreement to the consumer by email as soon as possible after its conclusion.
5. If the counterparty concludes the agreement on behalf of another natural or legal person, it declares, by entering into the agreement, that it is authorized to do so. In addition to this (legal) person, the counterparty is jointly and severally liable for the performance of all obligations arising from that agreement.

ARTICLE 4. | OBLIGATIONS OF THE COUNTERPARTY IN GENERAL

1. The Other Party guarantees that it will provide First Class Fitness, whether requested or not, within a reasonable time, with all information that is reasonably relevant for the setup and execution of the agreement.
2. Furthermore, the Other Party shall at all times provide First Class Fitness with all cooperation required for the execution of the agreement and make all other efforts necessary for the proper execution of the agreement. The Other Party shall take all reasonable measures to optimize the execution of the agreement.

ARTICLE 5. | TRAINING, COACHING AND OTHER SERVICES

1. Before entering into a membership for training or nutrition programs, First Class Fitness will provide the other party with an intake form, including a risk analysis, to be completed by the participant. The other party guarantees that the participant completes this form fully and truthfully and that the completed form is made available to First Class Fitness as soon as required for the execution of the membership. First Class Fitness is entitled not to enter into the membership or to terminate it if, based on the information obtained via the intake form, it is of the opinion that participation in the training or nutrition program is irresponsible for the participant. Even if First Class Fitness is of the opinion, based on the completed intake form, that it is responsible to allow the participant to participate in the training or nutrition program, participation takes place at the participant's own risk. It is at all times the responsibility of the participant themselves to assess, or to have assessed by a medical specialist, whether there are medical or other reasons why they would be unable to follow training or nutrition programs.
2. Participants in physical training sessions must bring their own towel to every training session and, if desired, their own water bottle or flask. These items are not provided to the participant by First Class Fitness, unless expressly agreed otherwise.
3. The participant in training sessions, coaching conversations, workshops, lectures, and other services organized by First Class Fitness to which a membership relates is subject, provided the membership continues for longer than three months, to an obligation to make every effort to participate quarterly in at least 80% of the agreed training sessions, meetings, etc., failing which First Class Fitness is entitled to terminate the membership after the participant has been addressed in this regard and has again failed to meet the said standard over a period of another quarter. The parties may agree that the membership be converted into a form that is less time-intensive for the participant, in order to make it easier for the participant to meet the standard of 80%.

ARTICLE 6. | SALE AND DELIVERY OF PRODUCTS

1. Delivery of the products shall take place at the agreed place and in the agreed manner. In the event of delivery, this shall take place at the delivery address specified by the other party; failing this, the billing address shall be deemed the delivery address.
2. First Class Fitness reserves the right to deliver orders in installments, unless this cannot reasonably be expected of the other party. In the event that an order is delivered in installments, the consumer's cooling-off period in connection with the right of dissolution shall only commence at the moment the last partial delivery has been received by or on behalf of the consumer.
3. The risk of loss and damage to the products passes to the Other Party at the moment the products are received by or on behalf of the Other Party.
4. In the event of exceeding the agreed delivery period, the other party is not entitled, without prejudice to the provisions of Article 8, to refuse to accept the products to be delivered and/or to pay the agreed purchase price.
5. If the products could not be delivered due to a circumstance attributable to the other party, First Class Fitness is entitled to reasonably charge costs that would not have been incurred if the other party had properly fulfilled its purchase obligations towards First Class Fitness, such as costs related to the storage of the products and costs related to multiple delivery attempts.

ARTICLE 7. | DURATION AND TERMINATION OF MEMBERSHIPS

1. Unless expressly agreed otherwise, a membership is entered into for an indefinite period. If the membership is expressly entered into for a fixed period, this fixed period shall never exceed 12 months if the counterparty is a consumer.
2. A membership entered into for a fixed term is automatically renewed by default exclusively on a monthly basis. Only if it is explicitly stated that an agreement is for a fixed term does it terminate automatically upon the expiration of that fixed term.
3. The membership ends one calendar month after the day of cancellation, provided that any fixed term of the membership has expired. Cancellation must be made in writing, with the understanding that the consumer may cancel the membership in the same manner as the membership was entered into.

ARTICLE 8. | TIME LIMITS AND THIRD PARTIES

1. Agreed performance and delivery periods to which First Class Fitness has committed itself towards the other party constitute, unless expressly agreed otherwise, indicative, non-fatal periods. In the case of a non-fatal period, default by First Class Fitness shall not occur until the other party has given First Class Fitness written notice of default, in which notice a reasonable period is stated within which First Class Fitness can still fulfill the relevant obligation, and fulfillment has still not occurred after the expiration of the latter period.
2. First Class Fitness is entitled at all times to delegate the performance of the agreement, in whole or in part, to third parties. The applicability of Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is excluded. If First Class Fitness delegates the performance of the agreement, in whole or in part, to third parties, this shall not affect the statutory liability of First Class Fitness for third parties engaged by it.

ARTICLE 9. | RIGHT OF WITHDRAWAL FOR DISTANCE CONTRACTS

1. The consumer is entitled, subject to the provisions of the following article and the remainder of this article, to dissolve the distance contract, if that contract relates to the provision of services, in whole or in part without giving reasons up to 14 days after its conclusion. If the distance contract concerns a consumer purchase, the consumer is entitled, subject to the provisions of the following article and the remainder of this article, to dissolve the distance contract in whole or in part without giving reasons up to 14 days after the products have been received by or on his behalf.

Services

1. Performance of the distance contract for the provision of services within the cooling-off period referred to in the previous paragraph shall take place exclusively at the express request of the consumer.
2. If the distance contract for the provision of services is fulfilled within the cooling-off period referred to in paragraph 1, the consumer declares, when entering into the distance contract, that he waives his right of withdrawal as soon as the contract has been fulfilled by First Class Fitness.
3. When exercising the right of dissolution following a request by the consumer as referred to in paragraph 2, the consumer owes First Class Fitness an amount proportionate to that part of the obligation that has been fulfilled by First Class Fitness at the time of exercising the right of dissolution, compared to the full fulfillment of the obligation. The proportionate amount that the consumer must pay to First Class Fitness is calculated on the basis of the total price as expressly agreed. If the total price is excessive, the proportionate amount is calculated on the basis of the market value of the part of the distance contract that has been performed.

Consumer purchase

1. During the period referred to in paragraph 1, the consumer must handle the products to be returned and their packaging with care. The consumer may only unpack and handle the product to the extent necessary to assess the nature, characteristics, and potential functioning of the products. The underlying principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.
2. If the consumer exercises the right of withdrawal, he shall return the product in question to First Class Fitness undamaged, with all supplied accessories and in its original condition and packaging.
3. The consumer is liable for any decrease in value of the products resulting from handling the products in a manner that goes beyond what is permitted pursuant to paragraph 5. First Class Fitness is entitled to charge this decrease in value to the consumer and to offset it against any payments already received from the consumer. First Class Fitness is not obliged to refund any delivery costs to the consumer if the right of withdrawal relates only to a part of the order. Furthermore, First Class Fitness is not obliged to refund additional costs if the consumer has expressly chosen a method other than the least expensive standard delivery method offered by First Class Fitness.
4. The products must be returned within 14 days after the consumer has invoked the dissolution of the distance contract in accordance with the provisions of paragraph 10.
5. If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by him.

Settlement

1. The consumer may exercise their right of withdrawal by submitting a request to First Class Fitness by email or by using the model withdrawal form provided by First Class Fitness. As soon as First Class Fitness is notified of the consumer's intention to withdraw from the distance contract, First Class Fitness will confirm the withdrawal by email as soon as possible.
2. First Class Fitness will refund the payments received from the consumer, less any depreciation and any costs as referred to in paragraph 4 and the last two sentences of paragraph 7, as soon as possible, but no later than 14 days after the dissolution of the distance contract, provided that, in the case of a consumer purchase, the products have been received back by First Class Fitness, or the consumer has demonstrated that the products have actually been returned.

ARTICLE 10. | EXCLUSION OF THE RIGHT OF TERMINATION

The consumer has no right of withdrawal in the event of:

1. a distance contract for the provision of services, after performance of the distance contract, if:

1. performance has commenced with the express prior consent of the consumer; and
2. The consumer has declared that he waives his right of dissolution as soon as First Class Fitness has fulfilled the distance contract.

1. a consumer purchase concerning:

1. the supply of products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
2. the delivery of products that spoil quickly or have a limited shelf life;
3. the delivery of products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
4. the delivery of products which, after delivery, are irrevocably mixed with other items due to their nature;
5. the delivery of audio and video recordings and computer software the seal of which has been broken after delivery;
6. the delivery of newspapers, periodicals or magazines, with the exception of a distance contract for the regular delivery of such publications.

1. the supply of digital content that is not delivered on a tangible medium, insofar as performance has begun with the express prior consent of the consumer and the consumer has declared that he thereby waives his right of withdrawal;
2. an agreement in which the right of dissolution is otherwise excluded pursuant to Section 6.5.2B of the Civil Code.

ARTICLE 11. | INVESTIGATION AND COMPLAINTS

1. Within the framework of a purchase agreement, the counterparty must, at the time of delivery of the products, immediately inspect whether the nature and quantity thereof conform to the agreement. If the nature or quantity does not conform to the agreement, the counterparty must notify First Class Fitness thereof without delay. In the event of defects that were not reasonably visible at the time of delivery, the counterparty must notify First Class Fitness thereof in writing within seven days after becoming aware of the existence of the defect, or at least reasonably ought to have become aware of it.
2. Insofar as the agreement does not provide for the sale of products, but for the provision of services, the counterparty is obliged to notify First Class Fitness orally of any complaint regarding the performance of the agreement by First Class Fitness immediately after discovery, or at least after reasonably being able to discover, the alleged defect, or at least to communicate or confirm it in writing to First Class Fitness within two working days.
3. Complaints regarding the amount of invoices must be submitted in writing to First Class Fitness within seven days of the invoice date.
4. If the other party fails to lodge a complaint in a timely manner, no obligation whatsoever shall arise for First Class Fitness from such a complaint by the other party.
5. Even if the counterparty complains in a timely manner, its obligation to pay the agreed price on time remains.
6. The provisions of this article shall not affect the mandatory statutory rights of consumers, including the right to institute legal proceedings or a defense regarding the existence of a defect in a consumer purchase, which lapses if the consumer has not lodged a complaint regarding the defect with First Class Fitness within two months of discovering the defect.

ARTICLE 12. | WARRANTY AND CONFORMITY IN PRODUCT SALES

1. First Class Fitness supplies sold products with a warranty exclusively to the extent expressly agreed, with the understanding that a warranty provided by the First Class Fitness manufacturer or importer does not affect the mandatory statutory rights and claims that consumers may assert against First Class Fitness.
2. Without prejudice to any expressly agreed warranty conditions, any applicable warranty (including any claim based on non-conformity) shall in any event lapse if a defect in a product is the result of an external cause or cannot otherwise be attributed to First Class Fitness or its suppliers. This includes, but is not limited to, defects resulting from damage, natural wear and tear, incorrect or improper handling, incorrect or improper use, use contrary to the instructions for use or other directions from or on behalf of First Class Fitness, and alterations made to the products, including repairs not carried out with the prior written consent of First Class Fitness.

ARTICLE 13. | FORCE MAJEURE

1. First Class Fitness is not obliged to fulfill any obligation under the agreement if and for as long as it is hindered in doing so by a circumstance that cannot be attributed to it pursuant to the law, a legal act, or generally accepted views in society.
2. To the extent that the force majeure situation renders performance of the agreement permanently impossible, the parties are entitled to dissolve the agreement with immediate effect.
3. If, upon the occurrence of the force majeure situation, First Class Fitness has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already performed part, or the performable part, of the agreement separately as if it were an independent agreement, except insofar as the already performed part, or the performable part, of the agreement reasonably has no independent value.
4. Damage resulting from force majeure shall never be eligible for compensation, without prejudice to the application of the preceding paragraph.

ARTICLE 14. | SUSPENSION AND DISSOLUTION

1. First Class Fitness is entitled, if circumstances justify it, to suspend the performance of the agreement or to dissolve the agreement in whole or in part with immediate effect, if and to the extent that the other party fails to fulfill its obligations under the agreement, or fails to do so in a timely or complete manner, or if circumstances that have come to the attention of First Class Fitness after the conclusion of the agreement give good grounds to fear that the other party will not fulfill its obligations.
2. If the counterparty is in a state of bankruptcy, has applied for (provisional) suspension of payments, has been declared subject to the Debt Restructuring Act for Natural Persons, has had any attachment placed on its assets, or in cases where the counterparty is otherwise unable to freely dispose of its assets, First Class Fitness is entitled to dissolve the agreement with immediate effect, unless the counterparty has already provided sufficient security for payment.
3. Furthermore, First Class Fitness is entitled to dissolve the agreement if circumstances arise which are of such a nature that performance of the agreement is impossible or its continued existence in its unchanged form cannot reasonably be expected of it.
4. The Counterparty shall never be entitled to any form of compensation in connection with the right of suspension or dissolution exercised by First Class Fitness pursuant to this article, provided that if the circumstances leading to the dissolution of the agreement can reasonably be borne by First Class Fitness, the Counterparty shall at most be entitled to restitution or waiver of the price in proportion to the part of the agreement not delivered or performed as a result of the dissolution.
5. To the extent that this can be attributed to it, the other party is obliged to compensate First Class Fitness for the damage suffered as a result of the suspension or dissolution of the agreement.
6. If First Class Fitness dissolves the agreement pursuant to this article, all claims against the other party shall become immediately due and payable.

ARTICLE 15. | PRICES AND PAYMENTS

1. The offer from First Class Fitness provides the most accurate possible breakdown of price factors. Unless expressly stated otherwise, all prices quoted by First Class Fitness are exclusive of VAT, with the understanding that, in relation to consumers, prices are quoted (also) inclusive of VAT.
2. First Class Fitness is entitled to change the agreed membership prices. First Class Fitness shall notify the other party in writing of any price increase. A price increase shall not take effect for the other party until they have had the opportunity to cancel the membership before the price increase took effect.
3. Unless expressly agreed otherwise in this regard, First Class Fitness is entitled to demand full or partial prepayment, provided that in the case of a consumer purchase, First Class Fitness shall not require the consumer to prepay more than 50% of the purchase price. Payment at the time of actual delivery shall not be considered prepayment.
4. As long as the counterparty is in default towards First Class Fitness with the fulfillment of a payment obligation incumbent upon it, First Class Fitness is not obliged to (further) execute the agreement.
5. Payments must be made in the agreed manner and within the period specified by First Class Fitness. If the method of payment has not been agreed, First Class Fitness is entitled to determine this method subsequently.
6. In the event that direct debit of payments has been agreed upon, the counterparty shall owe reasonable administrative costs if a payment is reversed or cannot be collected automatically for other reasons. In that case, First Class Fitness may claim the outstanding payment, including the administrative costs referred to herein, by bank transfer.
7. The counterparty is, except insofar as the law mandatorily prevents this for the benefit of consumers, always obliged to pay without set-off.
8. In the event of liquidation, bankruptcy, applicability of the Debt Restructuring for Natural Persons, or suspension of payments by the Counterparty, the claims against the Counterparty shall become immediately due and payable.
9. First Class Fitness is entitled to make the invoices due to the other party available to it exclusively by e-mail/in its mobile application.
10. If timely payment is not made, the counterparty shall be in default by operation of law. From the day the counterparty is in default, the counterparty shall owe interest of 1% per month on the outstanding amount, whereby a part of a month shall be considered a full month. Notwithstanding the preceding sentence, statutory interest shall apply instead of the contractual interest referred to therein if the counterparty acts in the capacity of a consumer.
11. All reasonable costs, including judicial, extrajudicial, and enforcement costs, incurred in recovering amounts owed by the counterparty, shall be borne by the counterparty, provided that the provisions of the Collection Costs Act are not deviated from to the detriment of the consumer.
12. In the event of default in payment by a consumer, First Class Fitness, notwithstanding the provisions of paragraphs 6 and 10, will not charge additional costs until the consumer has been unsuccessfully reminded to make payment within a period of at least 14 days.

ARTICLE 16. | LIABILITY AND INDEMNIFICATION

1. First Class Fitness provides its services to the best of its knowledge and ability and in accordance with the standards that may be expected of a competent professional. However, to the extent that the nature or purport of the agreement does not compellingly preclude it, First Class Fitness commits itself solely to an obligation of best effort and cannot guarantee the achievement of the results that the other party intended to achieve by entering into the agreement.
2. First Class Fitness accepts no liability for damages for which the manufacturer or importer of the products is liable under the statutory provisions on product liability.
3. The Other Party shall bear the damage caused by inaccuracies in the information provided by it, any other failure to perform the Other Party's obligations arising from the law or the agreement, as well as any other circumstance that cannot be attributed to First Class Fitness.
4. First Class Fitness's liability for repairable damage shall not arise until the other party has given First Class Fitness the opportunity to repair such damage, failing which First Class Fitness shall not be liable in any way.
5. Without prejudice to the provisions of the remainder of these general terms and conditions, and in particular the following paragraph, First Class Fitness shall only be held liable towards the Counterparty for direct damage suffered by the Counterparty as a result of an attributable failure by First Class Fitness in the performance of its obligations under the agreement. An attributable failure shall be understood to mean a failure that a competent and diligent professional can and ought to avoid, taking into account normal attentiveness and the professional knowledge and resources required for the execution of the agreement. First Class Fitness shall never be liable for indirect damage, including lost profits, incurred losses, and damage resulting from business interruption. Direct damage shall be understood to mean exclusively:

• the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage eligible for compensation within the meaning of these general terms and conditions;
• any reasonable costs incurred to bring First Class Fitness's defective performance into conformity with the agreement, insofar as these can be attributed to First Class Fitness;
• reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to a reduction of the direct damage as referred to in these general terms and conditions.

1. The liability of First Class Fitness is limited to a maximum of the invoice value of the agreement, or at least to that part of the agreement to which the liability of First Class Fitness relates, provided that the liability of First Class Fitness shall never exceed the amount actually paid out in respect of the case in question pursuant to any liability insurance taken out by First Class Fitness, increased by any deductible of First Class Fitness applicable under such insurance. In the event that the agreement has a duration longer than six months, the invoice value covering the last six months of the agreement shall be taken exclusively as the basis for determining the invoice value as referred to in the previous sentence.
2. The limitation period for all legal claims against First Class Fitness is one year. Notwithstanding the preceding sentence, legal claims available to consumers that are based on facts justifying the assertion that a consumer purchase does not conform to the agreement shall be time-barred after the lapse of two years.
3. The other party indemnifies First Class Fitness against any claims from third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to parties other than First Class Fitness.
4. In the case of a consumer purchase, the limitations of this article shall not extend further than is permitted pursuant to Article 7:24, paragraph 2, of the Dutch Civil Code.

• The limitations of liability set forth in these general terms and conditions do not apply if the damage is the result of intent or willful recklessness on the part of First Class Fitness.

ARTICLE 17. | RETENTION OF TITLE

1. All products supplied by First Class Fitness remain its property until the other party has properly fulfilled all its payment obligations under the agreement.
2. The other party is prohibited from selling, pledging, or otherwise encumbering the products subject to the retention of title.
3. If third parties seize the products subject to the retention of title, or wish to establish or assert rights thereon, the counterparty is obliged to notify First Class Fitness thereof as soon as possible.
4. The Counterparty grants unconditional permission to First Class Fitness and any third parties designated by First Class Fitness to enter all locations where the products subject to the retention of title are located. In the event of default by the Counterparty, First Class Fitness is entitled to repossess the products referred to herein. All reasonable costs associated therewith shall be borne by the Counterparty.

ARTICLE 18. | GENERAL COMPLAINTS POLICY

1. Complaints regarding the performance of the agreement must, without prejudice to the provisions of the remainder of these general terms and conditions, be submitted in writing to First Class Fitness within a reasonable time after the other party has discovered the complaint, fully and clearly described.
2. Complaints submitted to First Class Fitness will be answered within fourteen days of receipt. If a complaint requires a longer processing time, an acknowledgment of receipt will be sent within the fourteen-day period, along with an indication of when the other party can expect a more detailed response.
3. If the complaint relates to a distance contract and the complaint cannot be resolved by mutual agreement, the consumer may submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).

ARTICLE 19. | INTELLECTUAL PROPERTY

First Class Fitness or its licensors reserve all copyrights and all other intellectual property rights to the working methods and techniques employed by them, and the content made available, including but not limited to assignments, workshops, nutrition plans, workouts, and software, as well as to the trademarks and brand names used by them. The other party is prohibited from duplicating, reproducing, or otherwise using these goods in a manner that goes beyond the use of those goods as provided for in the agreement.

ARTICLE 20. | USE OF ELECTRONIC ENVIRONMENT

1. To the extent that use is made of one or more (mobile) web applications in the context of a membership, the provisions of this article shall apply.
2. First Class Fitness or its licensor endeavors to optimize the proper functioning and accessibility of the applications. However, First Class Fitness or its licensor cannot guarantee that the applications will be available without restriction and that all features of the applications will always function without problems. All liability of First Class Fitness or its licensor in this regard is excluded.
3. First Class Fitness or its licensor is authorized to temporarily disable the applications if, in its judgment, this is desirable for the maintenance, modification, or improvement of the applications. All liability of First Class Fitness or its licensor in connection with the temporary inaccessibility of the applications is excluded.
4. Personal data obtained through the applications is processed in accordance with the privacy settings of the user of the applications. The user is presumed to understand that other users have access to personal information about the user to the extent that the user permits this by applying certain privacy settings. Any liability of First Class Fitness or its licensor regarding the processing of personal data in accordance with the user's privacy settings is excluded.

ARTICLE 21. | FINAL PROVISIONS

1. All agreements and all legal relationships arising therefrom between the parties shall be governed exclusively by Dutch law.
2. Before resorting to the courts, the parties are obliged to make every effort to settle the dispute by mutual agreement.
3. Unless mandatorily provided by law, only the competent court within the district of the registered office of First Class Fitness is designated to hear any legal disputes.

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