Terms and Conditions

GENERAL TERMS AND CONDITIONS

Participant Terms Underground

Article 1 Definitions
Participant: Anyone who enters into an agreement with Underground Sportclub BV.
Underground Sportclub BV: Private limited liability company. Underground Sportclub BV is statutorily established in Amsterdam and has its office at Nieuwe Kerkstraat 5K, (1018 DW) Amsterdam.
Participant Agreement: The agreement between Underground and a Participant.
Personal Data: All data provided by the Participant to Underground as stated in the Participant Agreement.

Article 2 Applicability
2.1 These Participant Terms apply to all legal relationships between Underground and each Participant.
2.2 All provisions in these Participant Terms are also established for the benefit of all Directors of Underground and all persons who work for Underground and/or are engaged by Underground.
2.3 Deviations from these Participant Terms are only valid if expressly agreed upon in writing.

Article 3 Participant Agreement
3.1 The Participant Agreement between the Participant and Underground is established at the moment that (a) the Participant has filled in all requested information as stated in the Participant Agreement and has signed it for approval, or (b) the Participant has made use of the training facilities of Underground. The Participant Agreement is entered into for an indefinite period and can be terminated in accordance with Article 5 of these Participant Terms.
3.2 The completed Participant Agreement and these Participant Terms together form the complete representation of the rights and obligations of Underground and the Participant and replace all previous written and oral announcements, agreements, and all other correspondence.
3.3 The Participant ensures that all data - which Underground indicates are desirable or which the Participant reasonably should understand are necessary for the execution of the Participant Agreement - are provided to Underground in a timely manner.
3.4 The Participant Agreement is personal, and the Participant is not entitled to transfer the rights and obligations arising from the Participant Agreement entered into under these Participant Terms, in whole or in part, to third parties.
3.5 If a Participant has entered into a Participant Agreement with Underground, the Participant is entitled to withdraw from the agreement within 14 (fourteen) days after signing the Participant Agreement with Underground.
3.6 If the Participant withdraws from the Participant Agreement in accordance with Article 3.5, the Participant will receive all payments made to Underground returned, unless the Participant has already used the facilities of Underground and/or has entered the location of Underground.
3.7 If the Participant decides to take out a new/additional package with Underground, the terms of the Agreement and these Participant Terms will continue to apply unless expressly agreed otherwise in writing.
3.8 The minimum age to independently enter into a subscription is 18+.

Article 4 - Prices and Payment
4.1 The subscription costs for the monthly use of the facilities of Underground must be paid to Underground prior to use.
4.2 The Participant authorizes Underground by agreeing to these general terms to debit the subscription costs owed to Underground via direct debit.
4.3 The Participant authorizes Underground to debit upgrades of the subscription and purchases at the training location that are not paid directly via direct debit.
4.4 Payments already made by the Participant will not be refunded unless there is a valid withdrawal by the Participant as defined in Article 3.5.
4.5 Underground reserves the right to index and change its prices and rates for all subscriptions.
4.6 The subscription costs owed by the Participant for the use of the facilities of Underground, which facilities cannot be used or cannot be fully used due to circumstances beyond the control of Underground, will not be refunded.
4.7 If the Participant cancels a class more than three times with less than two hours' notice or is a NO-SHOW, Underground will charge €7.50 per missed training via direct debit.
4.8 If the participant does not pay an amount due, for any reason, Underground will charge €5 in administration costs for each failed attempt until a successful payment is made.
4.9 If the participant has terminated their contract and subsequently wishes to take out a new membership, a re-registration fee of €35 will be charged.

Article 5 Termination of the Participant Agreement
5.1 The participant can terminate the Participant Agreement after the first 3 months, observing a notice period of one (1) month via the mobile Underground App. The participant will immediately receive a confirmation of the termination at the email address known to Underground. If the participant has not received this confirmation in a timely manner, they must immediately contact Underground, failing which Underground assumes that the termination has not occurred or has not occurred in a timely manner.
5.2 In the case of long-term illness, injury, and/or pregnancy of the participant, the Participant Agreement can be temporarily suspended or terminated after consultation and submission of a written doctor's statement. In the event of such suspensions, the participant is responsible for informing Underground of an extension of the suspension if the reason for the suspension lasts longer.
5.3 Underground has the right to terminate the Participant Agreement with immediate effect if:
- The participant is deemed by Underground to have committed unacceptable behavior;
- If the participant systematically violates the rules of Underground; or
- If a third party uses the participant's membership card as a result of any negligence or with the knowledge of the participant.
5.4 Underground has the right to deny the participant access to the gym:
- If the participant has a payment arrears;
- If the participant has committed other unacceptable behavior, in the opinion of Underground;
- This article is also in effect if the participant has booked a training session through a platform other than Underground.

Article 6 Risk and Liability
6.1 The use of the facilities of Underground, including but not limited to strength and conditioning training and/or following any training program and/or activities of any kind at Underground is entirely at the participant's own risk.
6.2 The participant is obliged to report their physical condition, such as injuries, illnesses, and/or other physical ailments, both before, during, and after any training guided by a trainer, and/or to provide information that the participant reasonably should understand is necessary for performing exercises. The participant is responsible for reporting this information.
6.3 Neither Underground nor its employees are liable for material and/or immaterial damage resulting from an accident or injury/injuries of the participant and/or third parties.
6.4 Underground and its employees accept no liability for damage, loss, or theft of property belonging to the participant and/or third parties.
6.5 The participant is liable for damage caused to Underground's property if such damage is the result of negligence and/or fault of the participant.
6.6 The exclusions and limitations of liability as stated in this article also apply to and benefit the subordinates of Underground and anyone else whose assistance Underground uses in the execution of the Participant Agreement.

Article 7 Personal Data and Privacy Policy
7.1 The participant is aware that they provide certain personal data to Underground, including but not limited to name, age, address, and email address.
7.2 By agreeing to these terms and conditions, the Participant gives Underground permission to process his/her personal data in connection with (among other things) creating a membership, preparing and sending invoices, providing information, improving our services, and responding to questions submitted via, for example, the website.
Any processing of personal data by Underground takes place in accordance with the General Data Protection Regulation (GDPR) and its privacy policy, which can be found on the website.

7.3 By agreeing to these Participant Terms and Conditions, the Participant gives Underground explicit permission to send offers from Underground by email or other means.

Article 8 – Photos & Video Recordings
During your presence at Underground, photos and video recordings may be taken of you for promotional purposes. By agreeing to these Participant Terms and Conditions, the Participant grants Underground explicit permission to use these photos and video recordings for the aforementioned purposes.

Article 9 – Applicable Law and Competent Court
9.1 These Participant Terms and Conditions have been in effect since January 1, 2019.

9.2 If any provision of these Participant Terms and Conditions is found to be void or is annulled, this does not affect the validity of the remaining provisions. Underground and the Participant will then consult to agree on a new provision to replace the null or annulled provision, with as much regard as possible for the purpose and intent of the original provision.

9.3 Every legal relationship with Underground is governed by Dutch law. All disputes between the Participant and Underground arising from or related to the Agreement shall be exclusively resolved by the competent court in Amsterdam.

PRIVACY STATEMENT – Underground

Why a Privacy Statement?
When you become a member of Underground, place an order via our website (www.undergroundsportclub.nl), or visit our gym, we need certain personal data from you. We explain here why we need this data and what we do with it.
Underground values privacy and is strongly committed to protecting the privacy of its members. Personal data is stored, processed, and secured with care. Underground adheres strictly to all obligations under the General Data Protection Regulation (Regulation (EU) 2016/679) and other privacy laws. Underground is located at Nieuwe Kerkstraat 5K (1018 DW) in Amsterdam, Netherlands.

What Personal Data Do We Collect?
The personal data we store and process includes:

First and last name
Gender
Date of birth
Email address
(Mobile) phone number
Address details
Bank details
Information about your visits to our gym
Transaction data from orders
IP addresses, operating system, browser type, and timestamps
We Use This Data For The Following Purposes:
Creating a membership
Preparing, sending, and issuing invoices
Providing information
Improving our services
Answering questions submitted via the website or otherwise
Providing information about new products and services
Fulfilling contractual obligations, billing, and delivery
Providing Personal Data to Third Parties
We do not sell or trade personal data, nor do we share it with third parties without your explicit consent. By accepting this privacy statement, you agree that we may share your personal data with third parties we use for delivering our products to you. Your data will only be shared when legally required.

Photos
We regularly take photos in our gyms of training sessions and events. These may be used on our website and social media. If you appear in a photo and wish it to be removed, we will do so promptly upon request.

Cookies
Our website uses cookies. A cookie is a small file stored on your device that allows a website to recognize you. Cookies help you stay logged in and allow us to tailor the site to your preferences.

We use cookies for:

Site functionality (e.g., login and shopping cart)
Analyzing website usage (e.g., number of visitors, navigation behavior)
Recognizing returning users for personalization
Tracking visits, page views, and clicks
You can limit or delete cookies through your browser settings. The help function in your browser or an internet search (e.g., "delete cookies") can provide more info.

Your Rights
You always have the right to view the personal data we store about you. If the information is incorrect, you may help us correct it. You may also ask us to delete your data or provide it to you on a data carrier. Such requests will always be honored. You can exercise your rights by emailing the contact address on our website.

How Long Do We Keep Your Data?
We retain your personal data only as long as necessary to fulfill the purposes for which we process it. After you cancel your membership, your data will not be kept longer than legally permitted.

Security
Given the nature of our services and the trust you place in us, we implement appropriate technical and organizational measures, considering the state of technology and implementation costs, to ensure that personal data processing complies with the GDPR.

Data Protection Authority
We are happy to assist you with any complaints about the processing of your data. Under privacy law, you also have the right to file a complaint with the Dutch Data Protection Authority.

Changes
Underground reserves the right to amend or modify this privacy statement.
If you have any questions, please contact us at info@undergroundsportclub.nl

This privacy statement was last updated on April 1, 2025.