ASCEND POLICIES:
– Sessions are scheduled on-line by appointment; however, walk-ins are welcome, based on availability.
– All packages are non-refundable, but they are transferable.
– Unless you have purchased a series, payment is due prior to the scheduled class.
– A 12-hour cancellation notice is required to avoid losing a package session; no exceptions, including illness.
– ASCEND is not responsible for any forgotten or stolen belongings.
LIABILITY WAIVER:
I hereby confirm that I am able to participate in a physical exercise program and acknowledge the various hazards and risks associated with it. I understand that I should inform my instructor and/or stop exercising immediately if I detect any discomfort of any sort during the course of the exercise program.
The response of the circulatory system (i.e. heart, lungs) to exercise cannot always be predicted accurately, therefore, I understand that there is a risk of certain changes occurring during exercise or following.
I understand that ASCEND carries professional liability insurance. All liability, in the matter concerned, is limited to the amount that is paid out under the studio’s professional liability policy plus the amount of the deductible applicable to this insurance coverage. The maximum amount of this professional liability policy is EUR 2,500,000. The studio can provide me (the client) with information regarding the policy upon request. If for any reason whatsoever no benefits are payable under the insurance, liability is limited to a maximum of €10.000.
I have carefully read this agreement and the General Terms and Conditions of ASCEND (printed on the reverse side of this agreement).
MARKETING:
By providing my contact information, I will receive email marketing from ASCEND. If I wish to opt-out from these communications, I will inform ASCEND in-person or via email.
General Terms and Conditions of ASCEND:
Changes of Schedule
ASCEND always wants to keep the range of our lessons up to date. This means that, from time to time, ASCEND may regularly adjust the (contents of the) lessons, the type of lessons and the timetable. This can apply to the virtual lessons, but also to the live group lessons. Occasionally, a live group lesson may be canceled. The opening hours are not considered by the client as an essential feature of the services to be provided by ASCEND. These changes or cancellations do not entitle you to (partial) refund of the package fee.
Force Majeure
In these terms and conditions, force majeure means, in addition to everything included in legalisation and case law, all external causes, whether or not foreseeable, that ASCEND and its affiliates, which include but are not limited to its (external) managers, consultants, tutors, trainers and employees, cannot influence, but because of which ASCEND is unable to fulfill its obligations. This includes in any case, but not exclusively, fire, accidents, serious disease (such as, epidemics and pandemics) of whatever nature, strikes, riots, war, governmental measures, long-term power outages, transport disruptions and terrorist threats.
During force majeure, the obligations of ASCEND are suspended. ASCEND will inform the clients of this in a timely manner to the extent possible. If force majeure makes performance of the obligation impossible, both parties have the right to dissolve the agreement without the obligation of paying for damages. The client is still obliged to pay for sessions already occurred. If at the commencement of force majeure ASCEND has already wholly or partially fulfilled its obligations, or can only fulfill its obligations partially, ASCEND has the right to invoice the work already done separately, and the client is obliged to pay the invoice.
Loss of personal belongings
Neither ASCEND nor its affiliates can be held liable for the loss, damage or theft of goods on the ASCEND premise, except as a result of willful misconduct or gross negligence on the part of ASCEND and/or its affiliates. The client must always store his/her valuables in the available lockers.
Medical circumstances
The client hereby declares that he/she is in good health, that he/she has no medical or other reason that can prevent him/her from participating in a physical training and that participating in a physical training does not cause damage to his/her health, safety and/or physical condition. If the client has doubts about his/her health, he/she must consult his/her own doctor(s) and undergo a (necessary) medical examination before concluding an agreement with ASCEND. Each client is responsible for his/her own physical condition. ASCEND and its Affiliates are not medics and only provide indicative instructions without medical responsibility. Nevertheless, the instructions of ASCEND and its Affiliates should be strictly followed, if they suggest certain restrictions in relation to a client.
The client may not join the ASCEND classes or use the facilities at ASCEND premise if the client suffers from an infection, an infectious disease or if the client has injuries such as open wounds, open sores, fever and/or other symptoms related to COVID-19 or other infectious diseases etc., where there is a risk that the health, safety and/or physical condition other class participants or clients can be jeopardised.
At the commencement of each training session, should the client have/show any complaints or symptoms related to his/her health conditions, he/she is obliged to inform ASCEND immediately. ASCEND reverses the rights, at its discretion, to exclude the client who shows or reports or is reasonably believed to have such health-related complaints or symptoms, from participating in the training session(s). In this situation, the client is not entitled to the refund of the missed session.
Privacy
ASCEND processes the client’s personal data within the framework of applicable laws and regulations regarding the protection of personal privacy, in particular, the Personal Data Protection Act (Wet bescherming persoonsgegevens), in a manner and for the purposes described below. ASCEND processes the personal data for the purposes of information, invoicing, accounts receivable, complaints handling and dispute resolution, to prevent, detect and combat fraud and irregularities, for market research and commercial purposes such as, sales activities, related to the services of ASCEND. The client has the right to inspect, correct and object to the processing of his/her own personal data. ASCEND may charge costs up to the statutory maximum for inspection and/or making corrections and/or handling an objection. The relevant client can lodge an objection against the processing of his/her personal data and request access to and correction of his/own data.
Minors
Minors must always remain under the supervision of their parents or legal guardians and may not cause any disturbance to other clients. The client can be held liable for damage caused to the properties of ASCEND or its Affiliates.
Applicable Law
The legal relationships between ASCEND and its clients and all claims arising from and/or related to these relationships shall be governed by the Netherlands laws. All disputes arising from these legal relationships shall be exclusively decided by the Court of Amsterdam.