Terms and Conditions for Participants
Sup Sup Club B.V.
Article 1 – Definitions
Participant: Any person that concludes an agreement with Sup Sup Club.
Sup Sup Club: The private limited liability company under the laws of the Netherlands named Sup Sup Club B.V having its statutory seat in Amsterdam and holding its offices at Zandhoek 22 1013KT Amsterdam, registered at the Chambers of Commerce under number 81205309.
The agreement between Sup Sup Club and a Participant.
Personal data: All data provided by Participant to Sup Sup Club such as represented in the Participants’ Agreement.
Article 2 – Applicability
2.1These Terms and Conditions for Participants are applicable to all legal relations between Sup Sup Club and each Participant.
2.2All stipulations in these Terms and Conditions for Participants have also been composed for the benefit of all Directors of Sup Sup Club and all persons that work for Sup Sup Club and/or have been involved by Sup Sup Club.
2.3Deviations from these Terms and Conditions for Participants are solely valid if these have been agreed explicitly in writing.
Article 3 – Participants’ Agreement
3.1The Participants’ Agreement between Participant and Sup Sup Club is concluded on the moment that the (a) Participant has filled in all required information such as represented in the Participants’ Agreement and has signed for approval or (b) the Participant has made use of the training facilities of Sup Sup Club. The Participants’ Agreement will be concluded for an undefined time and can be cancelled in-between in accordance with article 6 of these Terms and Conditions for Participants. In case a Participant uses a so called “multiple-entry card (strippenkaart in Dutch)” the Agreement automatically concludes after use of the last use of the card. In case of a one-time rental the Agreement automatically concludes after the period of rent.
3.2The Participants’ Agreement completed by the Participant and these Terms and Conditions for Participants form jointly the complete representation of the rights and obligations of Sup Sup Club and Participant and replace all earlier written and verbal announcements, agreements and all other correspondence.
3.3Participant ensures that all data - of which Sup Sup Club indicates that these are desirable or of which Participant reasonably should understand that these are necessary for the execution of the Participants’ Agreement – shall be provided timely to Sup Sup Club.
3.4The Participants’ Agreement is person bound and Participant is not authorized to assign the rights and duties that derive from the Participants’ Agreement concluded under these Terms and Conditions for Participants, in whole or in part to third parties.
3.5If a Participant has concluded a Participants’ Agreement with Sup Sup Club, then the Participant – in case of a subscription - is authorized to recall during 14 (said: fourteen) days after the signing of the Participants’ Agreement concluded with Sup Sup Club.
3.6If the Participant recalls the Participants’ Agreement in accordance with article 3.5, then Participant receives all payments made by Participant to Sup Sup Club back, unless the Participant has already made use of the facilities of Sup Sup Club.
3.7 If the Participant decides to take-off a new/additional product/package from Sup Sup Club, then the terms and conditions of the Agreement and these Terms and Conditions for Participants remain applicable without reservation, unless explicitly agreed otherwise in writing.
3.8Sup Sup Club has the right to unilaterally change these Conditions of Participation.
3.9the minimum age to subscribe at Sup Sup Club is 18+
Article 4 - Prices and payment
4.1The costs for a one-time rental, multiple-entry card (strippenkaart) or subscription costs for the monthly use of the facilities of Sup Sup Club must be paid prior to the use thereof to Sup Sup Club.
4.2The Participant authorizes Sup Sup Club by agreeing with these General Terms and Conditions – in case of a subscription - to debit the subscription costs due by means of direct debit to Sup Sup Club.
4.3Payments that have already been made by Participant shall not be refunded, unless there is an instance of a legally valid recall by the Participant in the sense of article 3.5.
4.4Sup Sup Club reserves the right to index and change its prices and rates.
4.5The subscription costs for the use of the facilities of Sup Sup Club due by the Participant, which facilities cannot or not fully be used as a consequence of circumstances which lie outside the control of Sup Sup Club, shall not be refunded.
4.6If the Sup Sup Club cannot offer its facilities to Participant due to a government restriction, payment already made by the Participant will not be refunded. Subscriptions fees will only be collected pro rata from the date that the Sup Sup Club is able to offer its facilities to the Participant again.
Article 5 – Registration and cancellation of rent / lessons
5.1The participant must register prior to the rental of a supboard or lesson via the appropriate online registration system. Without registration it is not possible to participate in a lesson or rent a supboard.
5.2In case of a subscription, the Participant can unsubscribe free of charge up to twelve (12) hours before the start of the rental of a supboard or lesson. In case of one-time rental the Participant cannot unsubscribe or cancel the reservation and all costs incurred will not be refunded.
5.3If cancellations are made too late, as described in article 5.2 – in the case of a subscription – Sup Sup Club will charge an amount of five euros (€5.00) for each class or rental that has been canceled too late.
Article 6 – Cancellation Participants’ Agreement
6.1Participant can cancel the Participants’ Agreement – in case of a subscription - in compliance with a notice period of one (1) month in writing. Sup Sup Club shall send, after receipt of the written cancellation of the Participant, a confirmation to the Participant within fourteen (14) days. Should the Participant not have received this confirmation, then the Participant must immediately contact Sup Sup Club, in the absence of which Sup Sup Club assumes, that the cancellation in writing has not or not timely taken place.
6.2In case of long lasting illness, injury and/or pregnancy of the Participant, the Participants’ Agreement can, after consultation and presentation of a written doctors’ statement, be suspended temporarily or stopped.
6.3Sup Sup Club has the right to cancel the Participants’ Agreement with immediate effect, if:
- The Participant in the opinion of Sup Sup Club, displays unacceptable behavior;
- The Participant consistently violates the rules of Sup Sup Club; or
- If a third party as a consequence of any omission or with knowledge of the Participant, makes use of the Participants’ credits/card of the Participant.
Article 7 – Risk and Liability
7.1The use of the facilities of Sup Sup Club for activities of any kind at the Sup Sup Club is entirely for the own account and risk of the Participant.
7.2Participant understands and accepts that paddle boarding, with a possible risk of falling into (cold) water, entails possible risks for both the Participant and his/her belongings. Participant understands and is aware of the fact that when renting or using a supboard – in case of rental – there is no guidance from the Sup Sup Club at the location of rental. The Participant indemnifies the Sup Sup Club against liability for any form of damage or injury and expressly accepts the possible consequences of paddle boarding.
7.3Participant is obliged – in the case of a lesson or event – to report his or her physical condition such as injuries, illnesses and/or other physical disorders to a trainer, and provide the information that the Participant should reasonably understand is necessary for the exercise. Participant is responsible for reporting this information.
7.4Both Sup Sup Club and its employees are not liable for material and/or immaterial damage as a consequence of an accident or injuries/sports injuries of the Participant and/or third parties.
7.5Sup Sup Club and its employees accept no liability whatsoever for damage, loss or theft of properties of Participant and/or third parties.
7.6Participant is liable for damage caused to properties of Sup Sup Club, if this damage is the consequence of omission and/or fault of the Participant.
7.7The exclusions and limitations of liability as stated in this article, are also stipulated for and for the benefit of subordinates of Sup Sup Club and any other person of whose help Sup Sup Club makes use in the execution of the Participants’ Agreement.
8.1Participant is aware of the fact that he/she provides certain personal data to Sup Sup Club, such as among others name, age, address and email address.
8.2The Participant agrees to these terms and conditions and grants Sup Sup Club permission to process his / her personal data in connection with (among other things) the creation of a membership, the preparation, sending and drafting of invoices, the provision of information, improving our services and answering questions that have been asked via, for example, the website.
8.3Participant grants by agreeing with these Terms and Conditions for Participants to Sup Sup Club an unequivocal permission to send to Participant offers of Sup Sup Club per e-mail and otherwise.
Article 9 – Photo’s & Video
During your presence in the Sup Sup Club, photos and video recordings can be taken from you for publicity purposes. By agreeing to these Terms and Conditions of Participation, Participant grants Sup Sup Club unequivocal permission to use these photographs and video recordings for these purposes. Photos and videos will always be deleted upon request.
Article 10 – Applicable law and competent court
10.1These Terms and Conditions for Participants are in force with effect of 1st of April 2021.
10.2In case that any stipulation in these Terms and Conditions for Participants should be invalid or should be invalidated, then that leaves the validity of the other stipulations unaffected. Sup Sup Club and Participant shall then enter into consultation, in order to agree new stipulations for the replacement of the invalid or invalidated stipulations to, whereby as much as possible the purpose and the tenor of the original stipulations will be observed.
10.3Each legal relation with Sup Sup Club will be governed by the Laws of the Netherlands. All disputes between Participant and Sup Sup Club that might arise further to or in connection with the Agreement, shall with exclusion of other be resolved by the competent court in Amsterdam, the Netherlands.