NXT LVL Personal Training
TA Fitness Terms and Conditions
Article 1 General Provisions
1.1 The present Terms and Conditions contained in this document apply to all services provided by TA Fitness or NXT LVL Personal Training © (hereinafter referred to as “TAF”), a company incorporated under Dutch law, with Kvk Number: 62960652, providing Group Training and Personal Training and Recovery services to private individuals and companies interested in building, maintaining, improving or regaining their physical strength, condition, ideal weight or simply creating a healthy and dynamic lifestyle, adapted to their own or their employees’ specific needs and goals.
1.2 Any derogation from the present Terms and Conditions must be agreed upon and drawn up in writing between TAF and the Client(s).
1.3 TAF reserves the right to change, amend and update the present Terms and Conditions without any prior notice.
1.4 Any changes to the present Terms and Conditions will be published on https://nextlevelams.nl/terms/ and a link to the updated Terms and Conditions may be communicated by TAF to the interested parties as soon as possible.
Article 2. Definitions
The following definitions will be used in the course of the present Terms and Conditions:
a) TAF: the owner of the present Terms and Conditions, Tal Assa Fitness, a company incorporated under Dutch law under KvK number: 62960652 and its contractual collaborators and employees.
b) Client: any natural and/or legal person who makes use of the services of Tal Assa;
c) Services:
Personal Training (hereinafter referred to as “PT”) – either one-on-one or two Clients together under the “Better Together” program;
Reformer Pilates personal training (hereinafter referred to as “RPPT”) – either one-on-one or two Clients together under the “Better Together” program;
Group Training (hereinafter referred to as “GT”) – Functional (max 5 participants) and/or Reformer Pilates (max 6 participants);
Gym Usage – (optional add-on);
Session/s – any appointment or appointments booked in the studio;
Credit/s – used to book appointment for Sessions in the studio. For every Session one or more credits are being deducted from the client.
Recovery Room – (optional add-on), including use of massage chair, massage therapist Sessions, and other recovery and massage equipment;
as well as any and all related services and workshops offered by TAF;
d) Subscription: a fixed-term program purchased by the Client, consisting of one of the available options (8-week, 12-week, or 24-week), paid in advance or in recurring instalments every four (4) weeks, giving the Client the right to attend a predetermined number of sessions within each program period.
e) Business Day: any day except any Saturday, any Sunday as well as any day of the week which is a national legal holiday in the Netherlands or any day on which banking institutions in the Netherlands are authorized or required by law or other governmental action to close.
f) Fitness Studio: the fitness and gym area located on Eleanor Rooseveltlaan 106, 1183CL Amstelveen
g) TAF website: https://www.nextlevelams.nl
h) Location: the Fitness Studio or the location(s) chosen by the Client(s) in consultation with TAF for the delivery of services provided by TAF or any other location where TAF may choose to provide services;
i) Fees: all amounts payable by the Client for the Services, including Subscriptions, add-ons, and any other offerings of TAF.
j) StudiU / TAF App: the Studio’s own booking and client-management application (“StudiU”), used for intake, bookings, reservations, Credits, client records and communications. Any reference in these Terms and Conditions to the “TAF app” means StudiU. StudiU replaces the previously used third-party system (Virtuagym).
Article 3 Cooling-off period
3.1 For the TAF Memberships contracted online or via the phone, a cooling-off period of 14 (fourteen) calendar days applies, calculated from the date the Client purchased a TAF Membership for one of the TAF services.
3.2 Any Client who wishes to make use of their right of withdrawal and terminate the TAF Membership they contracted must fill in the Withdrawal Form (contact TAF via WhatsApp to get the form) and send it to TAF either by email or by post, no later than 14 (fourteen) calendar days from the date the Membership was contracted.
3.3 The Fees requested by Clients under this Article shall be refunded by TAF to the Client’s bank account within fourteen (14) calendar days from the date the refund request was filed and approved.
Article 4 Services
4.1 TAF offers PT Sessions, functional or Reformer Pilates, Group Training (GT) Sessions, functional or Reformer Pilates, Krav Maga courses, and Recovery Room services to private individuals and company employees.
4.2 For the provision of its services, TAF employs highly qualified, experienced, motivated and inspirational trainers, who believe in the principles of a balanced and active life put forward by TAF.
4.3 All individuals who wish to apply for any of the services provided by TAF must be at least sixteen (16) years of age. Persons younger than sixteen (16) may apply for the services of TAF upon providing a written permission signed by their legal guardian(s).
4.4 These services shall be provided only at the Fitness Studio, unless agreed upon otherwise with the Client.
4.5 For locations other than mentioned at article 4.4 an additional fee may apply.
4.6 The activity hours of TAF are based on appointment. However TAF offers PT and/or RPPT Sessions between 07:00am and 21:30 on weekdays, where 07:00am is the time the first class begins and 20:30 the time where the last class finishes and between 8:00am and 13:00 on weekends, where 8:00am is the time the first Session starts and 12:00 is the time the last Session starts.
4.7 Any derogation from the hours mentioned in paragraph 4.6 shall be set in consultation between TAF and the Client(s).
4.8 TAF must ensure the delivery of the Services as they were offered to and contracted by the Client, at the time(s) and location stipulated.
4.9 To ensure safety, quality, and Client experience, the following maximum capacities apply:
On the functional training floor: maximum four (4) PT Sessions at the same time, or maximum two (2) PT Session s if a group class is taking place.
On the Reformer Pilates floor: maximum two (2) PT Sessions at the same time, or maximum one (1) PT Session if a group class is taking place (reducing the number of group participants from 6 to 4).
Group Training Sessions are limited to five (5) participants (functional) or six (6) participants (reformer).
4.10 Recovery Room services (massage chair, therapist Sessions, recovery equipment) are available as an optional add-on to a Subscription and require separate booking. Recovery Room usage is subject to the same booking rules and house rules as all other Services.
4.11 TAF reserves the right to terminate a service with a fourteen (14) calendar days notice to the Client and a refund of the amount paid by the Client in advance, either in full or calculated pro rata in the case of the Punch Card and Bundle Memberships and Monthly Memberships.
4.12 Should a Trainer become unavailable, TAF shall provide the Client(s) with an alternative Trainer until the original Trainer becomes available again.
4.13 In order to increase the efficiency of the training and to add increased variety to the exercise, TAF provides its Clients with the opportunity to experience the styles and expertise of different trainers as part of their training regime at TAF.
4.14 TAF may from time to time and subject to the Client’s approval, make suggestions for changing the Client’s Fitness Schedule so as to improve its efficacy and/or stay in tune with the Client’s ongoing goals.
Article 5 Categories of Subscriptions
5.1 The memberships to the services offered by TAF are strictly personal and non-transferrable.
5.2 8-Week Programs (paid in advance for the full period):
Option A: 1× Personal Training Session per week (8 Sessions total).
Option B: 1× Personal Training Session + 1× Group Training Session per week (16 Sessions total).
Option C: 2× Personal Training sessions per week (16 Sessions total).
Option D: 2× Personal Training Session + 1× Group Training Session per week (24 Sessions total).
Option E: 3× Personal Training Sessions per week (24 Sessions total).
5.3 12-Week Subscriptions (paid every four weeks):
Option A: 1× Personal Training Session per week (4 Sessions per 4 weeks).
Option B: 2× Personal Training Session per week (8 Sessions per 4 weeks).
Option C: 3× Personal Training Session per week (12 Sessions per 4 weeks).
5.4 24-Week Subscriptions (paid every four weeks):
Same options as 12-week Subscriptions (4 / 8 / 12 Sessions per 4 weeks).
5.5 Better Together Program: Two Clients with similar goals and levels train together with one trainer under a shared Subscription. The frequency follows the same options as listed in Articles 5.2–5.4.
5.6 Group Training Subscriptions: Group classes (functional, max. 5 participants, or reformer Pilates, max. 6 participants) may be included as part of a Subscription option, or purchased separately as a group-only Subscription.
5.7 Add-Ons:
Gym usage (open training outside PT Sessions).
Recovery Room (massage chair, therapist Sessions, recovery equipment).
Add-ons may be purchased in combination with any Subscription and are subject to separate booking rules and fees.
5.8 Punch Cards (valid for both PT and GT):
Personal Training punch cards and/or Group Training punch cards remain available in denominations (e.g. 5, 10, 20 Sessions), with an expiry period specified at purchase.
Punch card Sessions must be booked in advance and are subject to the same cancellation and booking rules as Subscription Sessions.
5.9 Krav Maga Courses: Offered as fixed-term course for teens and adults and paid monthly.
5.10 Subscriptions listed in articles: 5.3, 5.4, 5.5, 5.6 renew automatically, unless cancelled by the Client as listed in article 8.
5.11 The full description of the Services provided by TAF and the way they are structured, packaged, and delivered, as well as the specific conditions that apply to them and to any and all add-on services and special offers is published and maintained on the TAF website: https://www.nextlevelams.nl or as communicated during a free consultation appointment, can be booked via the TAF website.
Article 6 House Rules and Prohibited Behavior
6.1 While using the Fitness Studio, Clients must follow the house rules as described on Appendix 1 and:
a. Follow the instructions on signage within the studio and the directions of TAF trainers and staff, to ensure a safe and hygienic environment for everyone.
b. Wear appropriate sportswear and footwear (indoor shoes or Pilates grip socks).
c. Use protective equipment when advised by a TAF trainer or coach.
d. Always use a towel when using equipment or accessories.
e. Wipe down and sanitise equipment after use with the provided materials.
f. Store personal belongings only in designated lockers or storage areas and leave the key in the lock when collected your stuff.
g. Book all Sessions (PT, GT, RPPT, Krav Maga, Recovery Room) in advance.
h. Arrive on time for Sessions. Late arrival may result in shortened training time without refund.
i. Bring a personal water bottle (cups or glasses are not provided).
j. Shower and use deodorant before training.
j. Use the changing rooms only to change clothes.
k. Refrain from chewing gum, smoking, or consuming food during training.
l. Do not drop weights or misuse equipment.
m. Be respectful and considerate to trainers, therapists, and fellow Clients.
6.2 Specific rules apply to Recovery Room usage:
a. Recovery Room bookings must be made in advance and may have a maximum time allocation per Session, as specified by TAF.
b. Use of equipment (massage chair, recovery devices) must follow staff instructions and other instructions located inside the room.
c. Clients must behave respectfully towards equipment, massage therapists and staff and follow the rules at all times. Any misconduct results in immediate termination of access.
6.3 Clients must be free of alcohol or drugs when training or using the Recovery Room. The possession or use of illegal substances is strictly prohibited on the premises.
6.4 Clients must consult their doctor or a qualified medical professional before beginning any program at TAF.
6.5 Acting irresponsibly, violently, or in a way that disturbs other Clients or TAF staff is strictly prohibited and will result in immediate cancellation of the Client’s Subscription or punch card, alongside a claim for any damages caused.
6.6 Sessions end at scheduled time, even if Client was late.
Article 7 Fees and Payment
7.1 The fees applicable to all Services, Subscriptions, Punch Cards and Add-Ons are available on the TAF website and/or upon request via email (empower@nextlevelams.nl) or telephone (+31 6 175 73 776).
7.2 In case of any discrepancy between fees quoted by email or phone and those published on the TAF website, the fees published on the website prevail, unless a personal discount and/or tailored offer has been confirmed in writing by TAF to the Client.
7.3 Payment for TAF Services can be made via iDEAL, bank transfer and/or direct debit (and, where offered and agreed, cash payment at the studio).
Payment in advance – general rule
7.4 Unless explicitly agreed otherwise in writing, all Services are provided on a prepayment basis. TAF is entitled to suspend access to Services and/or refuse bookings if payment has not been received in time.
Subscriptions
7.5 Subscriptions are billed and payable as follows:
a) 8-week programs must be paid in full prior to the start of the program.
b) 12-week, 24-week, and 48-week Subscriptions are billed every four (4) weeks, payable in advance prior to the start of each 4-week billing cycle.
Punch Cards
7.6 Punch Cards (for PT and/or GT) must be paid in full at the time of purchase and remain valid until their stated expiry date (as communicated at purchase and/or on the invoice/order confirmation).
Add-Ons
7.7 Add-Ons (including, but not limited to, Gym Usage and Recovery Room access/services) must be paid in full prior to the relevant period and/or booking, as applicable unless stated otherwise in writing.
Bank transfers – processing time
7.8 When making a bank transfer, the Client must take into account transfer processing times, so that payment is visible in TAF’s account prior to participation and/or the first booking under the relevant Subscription, Punch Card, or Add-On.
Direct debit – failed payments and fees
7.9 If a Client pays via direct debit, the Client must ensure that:
a) sufficient funds are available; and
b) the direct debit authorisation has been correctly completed and remains valid.
If a direct debit fails or is reversed, TAF may charge the Client an administration fee of €5 (five euros) per failed transaction to cover banking and processing costs. If failures repeat, TAF may additionally charge statutory interest and any reasonable costs it actually incurs as a result of the Client’s non-payment, insofar as permitted under Dutch law.
Late payment, reminder, suspension and termination
7.10 If payment is not received on time, TAF will send the Client a payment reminder by email (and/or WhatsApp). The Client will have a grace period of fourteen (14) calendar days after the reminder to pay the outstanding amount.
7.11 If the Client fails to pay within the grace period referred to in Article 7.10, TAF is entitled to suspend the Client’s access to Services and/or terminate the Subscription and/or disable use of Credits, without refund of amounts already paid, subject to mandatory consumer law.
Refunds
7.12 TAF will process refunds (where applicable under these Terms and Conditions) within fourteen (14) calendar days, provided the Client has supplied the necessary bank/payment details.
Article 8 Termination of Membership
8.1 Punch cards
Punch cards are valid to a specific term as described in the details of the punch card during the moment of order.
Once a punch card’s due date has ended and it is expired, the Credits in the punch card become invalid and it is no longer possible to use these Credits to book Sessions with TAF.
8.2 Fixed-Term Programs
8-week programs are fixed-term and end automatically after the program period. They cannot be cancelled early, except in cases of illness or relocation as provided in Article 11.
12- and 24-week Subscriptions renew automatically, post the initial term of Subscription, every four (4) weeks unless cancelled by the Client in accordance with Article 11.
8.3 Client Cancellation
A Client may cancel a 12- or 24-week Subscription, post the end of the initial term, with at least thirty (30) calendar days’ written notice (vai email: empower@nextlevelams.nl or WhatsApp: 06 175 73 776).
The 30 day notice shall start on the date on which the termination notice was received by TAF.
Where the one-month notice referred to in Article 8.1 is given after the first Business Day of the month, the notice period will only commence on the first calendar day of the following month and will continue until the last calendar day of that same month.
8.4 After the fourteen days grace period referred to in Article 7.11 expires, TAF has the right to immediately terminate the Membership of the non-paying Client, who forfeits all the remaining services and fees paid in advance.
8.5 TAF has the right to immediately and unilaterally terminate the Membership of a Client if the respective Client engages in Prohibited Behavior, as defined in Article 6.1 of the present Agreement.
8.6 Remaining Credits after Cancellation
If a Client cancels their Subscription, any prepaid but unused Credits may still be used within three (3) months from the cancellation date. After this period, unused Credits expire.
8.7 Holiday Freeze
A Client may freeze their Subscription for up to one (1) full month due to extended holiday or absence, provided that notice is given at least two (2) weeks before the start of the freeze. In such case, the Client will be billed pro-rata for the period they trained before departure and/or after return within the same billing cycle. Freezing only applies for monthly subscriptions and not on punch cards. Credits will not be added to the Client balance during the freeze period. Payments for the subscription will continue when the freeze period has ended or after 4 weeks since the freeze period started (the shorter of the two). Freezing without a prior notice of at least two weeks, will incur a charge of 45 eur for freeze processing fee.
Article 9 Liability and Prescription
9.1 Whereas TAF values the physical integrity and welfare of their Clients and it ensures that Clients are educated regarding the safety rules for using the equipment during the GT, PT, and RPPT Sessions respectively, it is the responsibility of the Clients to make the decision to engage the Services of TAF, as well as to make sure they fully understand and apply the safety regulations and house rules as they are explained to them by the TAF Trainers and staff, as applicable.
9.2 TAF is not responsible for losses or damages of personal property of the Clients while in the Fitness Studio or Sessions held on other locations.
9.3 The TAF Trainers and staff are not qualified and not allowed to give Clients any medical advice.
9.4 Except for the situations of gross negligence of its Trainers and staff, TAF is not responsible for the physical injury of a Client during the use of the TAF services, if the said injury is the result of the Client’s improper use of the equipment provided or the improper application of the exercise instructions received from the Trainers and staff.
9.5 Whereas TAF prides itself with a company culture of Fitness excellence and achievement, given the fundamentally personal nature of the process and the complexity of factors that determine the achievement of the goals that Clients set for themselves in connection to the TAF Services they employ, TAF does not warrant and is not responsible for the achievement of a specific result by the Client.
9.6 TAF is not liable for damages and losses caused to Clients and any and all other third parties as a result of a force majeure event.
9.7 In case of a force majeure situation similar to, but not limited to, the COVID 19 pandemic, due to which TAF must close down its physical location, the Client may choose to:
a) freeze their membership until the fitness studio is reopen
or
b) continue their Membership in the form of open air Sessions, online classes or at home training with one of the TAF coaches.
9.8 All Memberships continued by Client under the provisions of Article 9.7(b) above will continue under the conditions and pricing originally contracted by Client.
9.9 Recovery Room use is at the Client’s own risk and does not constitute medical treatment. TAF staff/therapists are not medical professionals unless explicitly stated.
Article 10 Intellectual Property
10.1 All content included in or made available through any of the TAF Services to either Clients, staff or any other third parties, including, inter alia: drawings, nutrition charts, training schedules and schemes, text, graphics, logos, videos, audio files, data compilations, trade names, slogans trademarks and software is and remains the exclusive property of TAF and is protected by the Dutch and E.U. copyright law
10.2 The publication of any TAF intellectual property materials without the express, written consent of TAF is strictly forbidden.
Article 11 Cancellation Policy
Cancellation by TAF
11.1 In the event TAF must cancel a Session, the Client shall be offered the option to reschedule the Session at no additional cost.
11.2 The cancellation by TAF of a Session does not qualify as non-performance under this agreement and it does not entitle the Client to request the cancellation of their Subscription on grounds of non performance.
11.3 No compensation other than rescheduling the Session or the crediting of the Credit as paid by the Client is owed by TAF for the Classes or Sessions that were canceled.
11.4 TAF reserves the right to cancel a GT if fewer than 3 Clients have booked into a Session.
Cancellation/Change by Client
11.5 The Client may cancel a Session (for PT and/or RPPT and/or GT and/or Recovery Room) under the conditions in Articles 11.6 to 11.15, in writing, by using the TAF app (StudiU), by WhatsApp 06 175 73 776 or by sending an email to: empower@nextlevelams.nl.
11.6 A canceled session refund will be given in terms of Credits that has been refunded to the Client and not in actual money.
11.7 The Client may cancel a booked Session up to twenty-four (24) hours before the Session is scheduled to start and be entitled to a full refund of the Credit of the Session booked in advance.
11.8 If the Client cancels a booked Session within the twenty-four (24) hours before the time of the scheduled Session, the Session is forfeited and cannot be rescheduled or refunded. TAF will fully charge this Session.
11.9 Unused Credits
11.10 Subscription Credits must be used within the relevant program period (per 4-week cycle for 12/24/48 week Subscriptions, or within 8 weeks for 8-week programs). Let alone Unlimited subscriptions, each Credit in the 12/24/48 weeks subscription expires after 4 weeks or 8 weeks for 8 weeks programs. Unused Credits expire at the end of the commitment period.
11.11 If a Client cancels their Subscription as mentioned in article 8.3, any unused Credits already paid for may still be used for up to three (3) months after the cancellation date.
11.12 A Client may freeze their Subscription as mentioned in article 8.7.
11.13 If a Client wishes to cancel or modify (upgrade or downgrade) their Subscription with TAF, they must give TAF a 30 (thirty) calendar days notice in writing, either by email, to: empower@nextlevelams.nl, or by WhatsApp.
Illness and Relocation
11.14 A Client may cancel a TAF Monthly Membership before the fixed term expires if they suffer an injury that renders them medically unfit to use the TAF Services contracted, provided that the Client presents TAF with a medical certificate to that extent.
11.15 A Client may cancel a TAF Monthly Membership before the fixed term expires if they relocate to a different city, located at more than twenty (20) kilometers from the Fitness Studio, provided that the Client presents TAF with a certificate from the new municipality proving their newly acquired resident status.
Article 12 – Data Protection and Privacy
12.1 TAF processes the personal data of Clients and prospective Clients in accordance with its Privacy Policy (available at https://nextlevelams.nl) and in compliance with the GDPR/AVG.
12.2 By entering into these Terms and Conditions and/or using StudiU, the Client acknowledges the Privacy Policy. Any health-related information provided in the intake questionnaire or otherwise is processed only with the Client’s explicit consent and used solely for safe and effective training.
12.3 Client data is stored in TAF’s own system, StudiU, hosted within the EU, with access restricted to the owner and authorised trainers and staff on a role-based basis. Payments are processed by TAF’s payment provider (Mollie); TAF does not store full card details.
12.4 The Client may exercise their data-protection rights (including access, rectification and erasure) as described in the Privacy Policy by contacting empower@nextlevelams.nl.
Article 13 – Choice of Law
The present Agreement is governed by Dutch law and any and all disputes arising out of or in connection with this Agreement shall fall under the exclusive jurisdiction of the Court of Amsterdam District.