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PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING OUR WEBSITE
RELEASE AND WAIVER
By i) attending classes, events, workshops, and other activities (the “Classes”), and using the City Alps studio premises, facilities and equipment (the “Facilities”), ii) joining the City Alps running club (the “Running Club”) and/or iii) participating in City Alps events or activities outside of our premises (the “Outdoor Activities”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Classes, Running Club and Outdoor Activities and using the Facilities (including, but not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, back and foot, paralysis and death).
You acknowledge that you have voluntarily chosen to participate in intense physical exercise. You hereby agree to assume full responsibility for any and all injuries or damage, which are sustained or aggravated by you in relation to the Classes, the Running Club and Outdoor Activities and using the Facilities and release, indemnify, and hold harmless City Alps and each of its officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes, the Running Club and Outdoor Activities or using the Facilities, and you represent that you (a) have no medical or physical condition that would prevent you from participating in Classes, the Running Club and Outdoor Activities and using the Facilities , and (b) have not been instructed by a physician to not participate in physical exercise.
TERMS AND CONDITIONS
These are the terms and conditions which apply to your use of this Website and the purchase of Goods and Services from us. If you do not agree to these Conditions, you must not use this Website or purchase Goods and Services from us.
This Website and the Goods and Services displayed on it are provided by City Alps ("City Alps", or collectively referred to in these Conditions as "we", "us" and "our"). When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods and/or user of our Services.
You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
We reserve the right to change these Conditions at any time. Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order as they may have changed since your last visit.
If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the "Contact Us" section of this Website.
The following terms have the following meanings, unless the context requires otherwise:
“Apparel” means City Alps shirts, tops and buffs on sale inside the Studios;
"Class" means any City Alps training class provided by us or on our behalf at the Studios as part of the Services (including all RIDE, RIDE & LIFT and LIFT classes);
"Conditions" means the terms and conditions as set out in this document and as amended from time to time in accordance with Condition 2.4;
"Credit" means any credits purchased via our Website and used to make bookings for Classes;
"Goods" any goods for sale at any of our Studios, including Apparel;
"Services" services available to you (through the Website or made available in the Studios), including the Classes;
"Studios" means any of our City Alps studios, as published on our Website from time to time;
"Subscription" means the membership with the rights and obligations set out in condition 5 below, including without limitation a "monthly unlimited" membership; and
"Website" means http://www.CityAlps.com.
USERS OF OUR CLASSES
You must be aged 15 years or over to attend any of our Classes or to use any of our facilities at the Studios.
You agree to comply with our Class rules which you can see displayed in all of our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
Instructors and Classes are subject to change.
We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise be in the interests of other users of the Studios or participants in our Classes.
CREDITS
To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class.
You can purchase 1 credit via our Website.
Price details for 1x Credit is available on our Website and shall be changed determined by us from time to time.
Subject to condition v. below:
1 Credit will expire after 7 days;
We reserve the right to reduce any validity period greater than 1 month applicable to any Credits purchased via our website to 4 weeks from the date of our written notice to you in the event that we terminate our lease agreement or otherwise intend vacating the premises for any reason whatsoever prior to expiry of any such validity period.
Credits and Class bookings are not transferable to any other person and you should not allow anyone else to book Classes using your Credits.
Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
Offers are subject to our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per customer/per address.
MEMBERSHIPS
The provisions of this condition 5 apply to Subscriptions only.
Once per year, as of 1 January, we are able to increase our fees by a maximum of 5%. If we make use of this, it shall not give a right to terminate the agreement, unless the fee increase is made within three months after the agreement has been made or is higher than 5%. Fee adjustments due to government measures can be implemented immediately (with pre-warning to clients in an email) regardless of the amount and do not provide a right to annulment.
Payment will be made every month. Bank details to be provided at the activation of your Subscription in order to set up a monthly debit order, or another method of payment acceptable to us.
If you sign up to an annual Subscription:
it will automatically renew every 12 months unless i) you cancel it with 1 month advance notice prior to the expiry of the fixed period of 12 months, or ii) at any time before the next payment is due, you can cancel it on 1 month notice. You will be charged a cancellation fee equal to the amount of your monthly membership fee if you cancel prior to the end of your fixed 12 month contract in the manner provided for under ii) in this sub-paragraph;
The Adventure Cruiser membership entitles you to train once a week. 4 credits will be added to your account every 4 weeks and are valid for 4 weeks. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
The Trailblazer membership entitles you to train twice a week. 8 credits will be added to your account every 4 weeks and will be valid for 8 weeks so that you can have the flexibility to decide how and when you use these credits. You will also have unlimited access to open training sessions. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
The Unlimited Odyssey membership entitles you to unlimited ride and large group strength classes as well as open training sessions, until your subscription renews. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
The StrongNow SGPT x2 per/week membership entitles you everything listed in the Unlimited Odyssey membership as well as 2x small group personal training sessions per week. Your StrongNow SGPT credits will be allocated to you every month and so you will get 8 credits upfront, every 4 weeks. The initial membership commitment is 6 weeks and then it converts to a flexible monthly membership thereafter. You have the right to cancel the membership at any time, with a one month cancellation notice. If you go on holiday and cancel your membership because of this, we cannot guarantee you a place on your return. It will be subject to availability. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
The StrongNow SGPT x1 per/week membership entitles you everything listed in the Unlimited Odyssey membership as well as 1x small group personal training sessions per week. Your StrongNow SGPT credits will be allocated to you every week and will be valid for 1 month. The initial membership commitment is 6 weeks and then it converts to a flexible monthly membership thereafter. You have the right to cancel the membership at any time, with a one month cancellation notice. If you go on holiday and cancel your membership because of this, we cannot guarantee you a place on your return. It will be subject to availability. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
The StrongNow SGPT 6 WEEK membership entitles you to everything listed in the Unlimited Odyssey membership as well as 1x consultation and 11x small group personal training sessions over 6 weeks. More details about how this will work will be sent in an email.
If you sign up to any 4 month Subscription:
it will automatically renew every 4 months unless i) you cancel it with 1 month advance notice prior to the expiry of the fixed period of 4 months or ii) at any time before the next payment is due, you can cancel it on 1 month notice. You will be charged a cancellation fee equal to the amount of your monthly membership fee if you cancel prior to the end of your fixed 4 months contract in the manner provided for under ii) in this sub-paragraph;
The Adventure Cruiser membership entitles you to train once a week. 4 credits will be added to your account every 4 weeks. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
The Trailblazer membership entitles you to train twice a week. 8 credits will be added to your account every 4 weeks. You will also be assigned unlimited access to open training sessions. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
The Unlimited Odyssey membership entitles you to unlimited classes until your subscription renews. You will also be assigned unlimited access to open training sessions. If you fall behind in payment of your monthly subscriptions for more than 7 days, we reserve the right to forfeit your membership at any time and to recover the outstanding membership fees from you. Please note that you will be liable for any outstanding payments following any such forfeiture.
Subscription fees may be increased from time to time at City Alps' discretion. You will be given at least 7 working days' notice of any increase in Subscription fees. If you do not wish to accept a proposed change to our Subscription fees, you may cancel their Subscription by canceling their Subscription in accordance with condition (i) above.
If you have a Subscription and book a class, but do not show up without canceling, you will be fined EUR 8 per class not attended. You will not be fined if you cancel via Virtuagym or by WhatsApping the studio at least two hours before the start of the class.
BOOKING A CLASS
You can check availability and book Classes in advance online via our Website. When you book a Class, one Credit will be deducted from your account.
We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your account.
For those who purchase the 1x class credit, you may cancel a booking up to 2 hours before the Class and receive a refund of your Credit. If you cancel less than 2 hours in advance, credit refunds are made only in exceptional circumstances and on an ad-hoc basis. Those on a membership, have a 2 hour cancellation policy and will be issued a cancellation fee of Euro 8, which will be debited from their account on their next payment bill. This is to encourage our customers to stick to their bookings especially when we have full classes.
If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked class. When you join the waitlist, one Credit will be deducted from your account.
If you join the waitlist and a space becomes available, you will be automatically added to the Class at least 2 hours before. You will be notified by e-mail and text message if you are automatically added to a Class.
Waitlist entries will automatically be allocated when a space becomes available, up until 2 hours before the class start time - please ensure that you remove yourself from the waitlist if you don't think you'll be able to make it to a class on time. You can cancel your waitlist at any time up until they are allocated for a full refund. If a space becomes free within 2 hours of the start time, all remaining participants on the waitlist will be sent an email asking if they would like to accept the booking. Email confirmation of the acceptance will be sufficient and acceptance is on a first-come-first-served basis.
If you join the waitlist and a place on the fully booked Class does not become available, you will be notified by e-mail. The Credit debited from your account to join the waitlist will be refunded.
If we cancel a class, your Credit will be refunded.
PHOTOGRAPHY AND SOCIAL MEDIA
We may gather photography and video footage from you from time to time for marketing and social media purposes (including, without limitation, Facebook and Instagram).
We will always try to make you aware that this is happening. If for any reason you do not wish to be in a shot or video, you should let the photographer or instructor know and we will ensure that you do not feature.
PERSONAL BELONGINGS AND SAFETY
Any personal belongings brought into our facilities are at your own risk and we do not accept liability for loss or damage to those items whatsoever.
GOODS
If you change your mind about any Apparel purchased from us, you may return it to any of our Studios within 14 days with your receipt and we will give you a full refund provided that the Apparel is unused and undamaged.
We do not offer refunds on purchases of any other kind of Goods or Services sold.
USE OF OUR WEBSITE
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access, without authority, interfere with, damage or disrupt:
any part of our Website;
any equipment or network on which our Website is stored;
any software used in the provision of our Website; or
any equipment or network or software owned or used by any third party.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions. If you are aware of any error on this Website please contact us and we will endeavour to correct it.
If you decide to access any third party Websites linked to this Website, you do this entirely at your own risk. We provide these links purely for your convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such Websites. You may be subject to the terms of use applicable to such third party sites.
YOUR USERNAME AND PASSWORD
Certain areas of our Website are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password.
You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.
We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
You shall not obtain or attempt to obtain unauthorised access to an area of this Website which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.
We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.
If you are accessing an area of our Website protected by a username and password to use the Services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Conditions.
CREATION OF A Spivi® ACCOUNT
When users sign up on the City Alps website, an account will be created in their name in the Spivi database. Spivi are our technology partner for performance software. Users of this website acknowledge this.
STRAVA INTEGRATION
If users choose to connect their City Alps and Strava accounts, information about City Alps user workouts will be transferred from their City Alps account to their Strava account. Standard images may also be used when displaying City Alps workouts within Strava accounts. Strava are a technology partner of City Alps. Users of this website acknowledge this and agree to abide by both City Alps and Strava terms and conditions.
INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The trade marks, logos and trade names displayed on the Website ("Marks") are the property of City Alps or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks.
We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
PRIVACY POLICY
Our privacy policy, which is available online, sets out the terms on which we process and use any personal data we collect from you or that you provide to us. By using this Website you consent to such processing and terms and you warrant that all data provided by you is accurate.
ENTIRE AGREEMENT
These Conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Website and our provision of Goods and Services to you.
VARIATION
We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon posting to this Website and our provision of Goods and Services to you.
SEVERANCE
If any of these Conditions are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
WAIVER
No waiver of any of these Conditions shall be valid unless provided in writing by us.
GOVERNING LAW AND JURISDICTION
These Conditions and any non-contractual obligation arising out of or in connection with the agreement are governed exclusively by Dutch law.
The Amsterdam District Court, the Netherlands, has exclusive jurisdiction to settle all disputes arising out of or in connection with these, including disputes concerning its existence and its validity and any non-contractual obligations.