Terms and conditions of sale
TERMS AND CONDITIONS OF USE – BODY TRAINING STUDIO
Body Training Studio SRL
Registered office: Entrepôt Royal, Unit 4C, 1000 Brussels, Havenlaan 86c
Company number: 0644.840.954
Email: info@bodytrainingstudio.be
Website: https://www.bodytrainingstudio.be
Effective date: 15/04/2024
1. APPLICATION, ENFORCEABILITY AND DEFINITIONS
1.1. Scope. These general terms and conditions (hereinafter “T&Cs”) govern all relations between Body Training Studio SRL (hereinafter “BTS”) and its clients (hereinafter “Member”), for any service, product, offer, order, contract or invoice, unless otherwise expressly agreed in writing and signed by BTS.
1.2. Acceptance. By registering, booking or purchasing a product/service, the Member declares to have read, understood and unreservedly accepted the T&Cs and the Studio Rules. The applicable T&Cs are available on the BTS website.
1.3. Amendments. BTS may amend the T&Cs at any time (legal compliance, service improvement). The binding version is the one published on the website on the date of booking or ordering.
1.4. Exclusive cancellation channel (authenticity & traceability). To guarantee authenticity and traceability, all session cancellations must be made exclusively via BTS’s official mobile application. No cancellation is accepted by phone, email, social media or at the reception desk. Cancellations must comply with the deadlines set out in Article 5.
1.5. Definitions.
Subscription: fixed-term contract granting access to sessions according to the chosen plan
Session: EMS training session or scheduled Metabolism programme
No show: absence without timely cancellation
Mobile application: official BTS app enabling registration, booking and cancellation
Contract: agreement between BTS and the Member, including any digital signature
2. GENERAL PROVISIONS
2.1. Personal nature. Subscriptions are nominative and non-transferable. Sharing access is prohibited.
2.2. Final sale. All purchases are final, subject to the right of withdrawal for online registrations (Article 6).
2.3. Fee adjustments. Fees may be indexed once a year (max. 5% on January 1st). Such indexation does not entitle early termination, except if it occurs within 3 months of signing.
2.4. Instalment payments. In case of payment in instalments, the Member agrees to the automatic debits provided for in the contract.
2.5. Negative balance. Access to services may be suspended in case of outstanding payments until full settlement.
2.6. Minimum age. Digital registration requires a minimum age of 16 years.
2.7. Renewal. Fixed-term contracts are tacitly renewed on the expiry date unless terminated by registered letter at least 30 days before expiry.
2.8. Proof and electronic records. The Member accepts the evidential value of electronic confirmations (emails, receipts, app timestamps, digital signature).
3. SUBSCRIPTION PLANS AND SERVICE CONTENT
3.1. Main plans:
12 months – €99 / 4 weeks (EMS or Metabolism)
6 months – €179 / 4 weeks (EMS or Metabolism)
12 months – €19 / 4 weeks (unlimited body analysis)
3.2. Registration:
Via the BTS website with digital signature; or
At the studio, assisted by a supervisor.
3.3. Access and frequency. Access is by booking only, via the app. For EMS, a minimum of 48 hours between two sessions is recommended for physiological reasons.
3.4. Class changes. BTS may adjust schedules, replace a coach, reschedule or cancel a session, or restrict access for operational, safety or force majeure reasons, without compensation (see Article 12 – Force Majeure).
4. PAYMENTS AND INCIDENTS
4.1. Terms. Payment via SEPA direct debit from registration, or by bank card according to available options. Oldest debts are settled first.
4.2. Failed payment. Administration fee: €15 per reminder. In case of failure:
(a) retry with the original card;
(b) retry with another registered card;
(c) failing this, suspend access.
4.3. Persistent default. BTS may refer the case to a debt collection agency and/or terminate the contract, without prejudice to statutory recovery costs and interest.
4.4. Pricing error (online sales). If a displayed price is clearly incorrect, BTS will inform the Member and offer the choice between confirmation at the correct price or free cancellation. The order will not be processed until the Member’s instruction is received.
5. BOOKINGS, WAITLISTS AND CANCELLATIONS
5.1. Advance booking and payment. Payment must be recorded before the session. Bookings are made via the app or website (for viewing), but cancellations are made exclusively via the mobile application (see 1.4).
5.2. Booking window. Sessions can be booked up to 1 year in advance, subject to availability.
5.3. Check-in and punctuality. The booking is guaranteed until 5 minutes before the start time. After this, the spot may be released to a Member on the waitlist.
5.4. Waitlist. If available, joining the waitlist constitutes a commitment to attend. If a spot becomes available, the app automatically confirms attendance. If plans change, Members must remove themselves from the list in time; otherwise, penalties may apply (see 5.6 and 5.7).
5.5. Exclusive cancellation channel. For authenticity and traceability, cancellations are only accepted via the mobile application. No cancellations are accepted by email, phone, social media or at reception.
5.6. Standard cancellation deadline. Cancellation ≥ 4 hours before the session: free. Cancellation < 4 hours: “late cancellation”.
5.7. Consequences.
Unlimited plans: €8 fee per late cancellation or no show.
If the fee cannot be collected, BTS will apply a €15 admin fee per reminder and may suspend future bookings until payment is received.
6. RIGHT OF WITHDRAWAL (ONLINE REGISTRATIONS)
6.1. Deadline. For online registrations, Members have a right of withdrawal of 14 calendar days (Consumer Code – distance contracts).
6.2. Method. Notice via email to suspensions@bodytrainingstudio.be before expiry of the deadline. BTS will acknowledge receipt and process the request in accordance with the law.
6.3. Use during the period. If services are consumed within 14 days, €50 per session will be charged and deducted from the refund.
6.4. In-studio purchases. In-studio sales are final.
7. SUSPENSION, POSTPONEMENT AND TERMINATION
7.1. Suspension. No contractual suspension except in exceptional and duly justified cases, requested only by registered letter to the registered office. BTS reserves the right to accept or refuse.
7.2. Early termination by the Member. Possible at any time by registered letter, with 30 days’ notice and payment of a flat fee equal to 3 months’ fees + €75 admin costs.
7.3. Termination by BTS. In case of serious breach of the T&Cs, fraud, repeated non-payment, dangerous or disrespectful behaviour, BTS may terminate immediately, without refund, without prejudice to damages, and applying a flat fee equal to 3 months’ fees + €75 admin costs.
8. STUDIO RULES (SAFETY AND ETIQUETTE)
8.1. Opening hours and access. Access is permitted only during opening hours and for Members with a valid booking.
8.2. Punctuality. Late arrivals or early departures are not permitted. Follow coach instructions.
8.3. Phones. Phones are prohibited in training rooms; keep them silent in lockers.
8.4. Lockers and belongings. Lockers are available only during the session. Leaving belongings overnight is prohibited. BTS is not liable for loss/theft.
8.5. Lost property. Kept for 7 days at the “Lost & Found” desk, then donated to charity.
8.6. Children and pets. Not permitted in training areas.
8.7. Hygiene and equipment. Purchase of the Body Training Studio outfit is mandatory at a price of €50.
8.8. Behaviour. Any aggressive, discriminatory or unsafe behaviour leads to immediate exclusion.
9. HEALTH, CONTRAINDICATIONS AND LIABILITY
9.1. Medical history and disclosure. Before the first session, the Member completes a medical history form and informs BTS of any health issues. BTS is not a medical service.
9.2. Contraindications (non-exhaustive list). Pacemaker or electronic implants, epilepsy, pregnancy (EMS), acute conditions, unhealed injuries, fever, unstable heart disease, cancer under treatment, uncontrolled neurological conditions. The coach may refuse access as a precaution.
9.3. Own responsibility. The Member agrees to listen to their body, follow instructions and stop in case of abnormal pain.
9.4. Limitation of liability. Within the limits of applicable law, BTS is not liable for indirect damages, loss of profit, or loss/theft of belongings, and can only be held liable in cases of gross negligence or wilful misconduct. Nothing excludes mandatory consumer rights.
10. INTELLECTUAL PROPERTY AND IMAGE
10.1. Content. Trademarks, logos, texts, photos, videos and training methods are protected. Any reproduction requires written consent from BTS.
10.2. Image rights. Any recordings for promotional purposes by BTS respect image rights and, if applicable, are subject to consent.
11. PERSONAL DATA (GDPR)
11.1. Controller. Body Training Studio SRL.
Purposes: management of Members, bookings, payments, security, service improvement, anonymised statistics, operational communication and (if applicable) marketing with consent.
11.2. Legal basis. Performance of the contract, legal obligations (accounting), legitimate interest (security/fraud), consent (marketing).
11.3. GDPR rights. Access, rectification, erasure, restriction, portability, objection. Requests via info@bodytrainingstudio.be. Complaints may be filed with the Data Protection Authority (Belgium).
11.4. Storage and security. Data is kept for the duration of the contract and then archived in accordance with legal timeframes. Technical and organisational measures are implemented. Data is not sold, rented or exchanged.
12. MISCELLANEOUS PROVISIONS
12.1. Force majeure. In the event of an unforeseeable and unavoidable event (e.g. large-scale network failure, administrative order, urgent works, epidemic, disaster), BTS may adapt the service (postpone, cancel, temporarily close) without compensation. Reasonable alternatives may be proposed where possible.
12.2. Partial nullity. The nullity of one clause shall not affect the validity of the others. A valid clause with equivalent effect is deemed to replace the null one.
12.3. No waiver. Failure by BTS to exercise a right does not constitute a waiver of that right in the future.
12.4. Assignment. BTS may transfer the contract to an affiliated company or universal successor. The Member may not transfer their contract without BTS’s written consent.
12.5. Language. In the event of multilingual versions, the English version shall prevail outside Belgium in case of conflict.
13. GOVERNING LAW AND JURISDICTION
13.1. Governing law. Belgian law only.
13.2. Jurisdiction. In the absence of amicable settlement, any dispute shall fall under the jurisdiction of the Justice of the Peace Court of Forest (or the legally competent court), without prejudice to mandatory consumer protection provisions.
Contact :
Body Training Studio SRL – Entrepôt Royal, Unit 4C, 1000 Brussels, Havenlaan 86c
Email: info@bodytrainingstudio.be
Bookings/cancellations: BTS mobile application (mandatory)
