general terms & conditions
Disclaimer: The Dutch Terms and Conditions are legally binding, whereas the English translation of these Terms and Conditions are a courtesy service.
Article 1: Definitions
1.1. Balanzs: The user of the stated terms and conditions and all companies and organizations in any way related to Balanzs.
1.2 Client: The party who purchases a product or service from Balanzs.
Article 2: Applicability and Validity
2.1 These general terms and conditions apply to all agreements wherein Balanzs is the acting contractor.
2.2 These general terms and conditions also apply to the free trial week (7 – day trial).
2.3 Agreements concerning deviations from the here stated terms and conditions are only valid when they are confirmed by Balanzs in writing.
2.4 If at any time one or more of the provisions of the stated terms and conditions become wholly or partially invalid, or become void, then the remainder of these terms and conditions will continue to be fully applicable.
Article 3. Lesson cards, Membership and Individual Lessons.
3.1. A lesson card is strictly personal and non-transferable.
3.2. A lesson card of five, ten or twenty lessons are valid up to three, six or twelve months respectively from the agreed upon date.
3.3. A membership can start at any time of the month. A membership is valid up to one month starting from the agreed upon date. The membership will be automatically renewed every month.
3.4. To cancel or pause the automatic renewal of memberships client has to file a written request ten working days prior to the expiration date of the current billing period.
3.5. Balanzs does not refund lesson cards or memberships.
3.6. The lesson schedule can be found on the website. The schedule is subject to changes and modifications by Balanzs. Balanzs reserves the right to cancel lessons. Changes in the schedule do not entitle the client to a refund or renewal of already-purchased lesson cards and memberships.
Article 4. Workshops and Courses
4.1. Workshops and courses offered by Balanzs will only be provided if the minimum amount of required registrations are obtained for said workshop or course.
4.2. The Client may participate in the workshop or course only if the full fee has been paid to Balanzs in advance.
4.3. Balanzs reserves the right to make changes concerning the organization and content of the workshops and courses offered by Balanzs.
Article 5. Massages, Shiatsu, and Beauty Treatments
5.1. An appointment for a massage, shiatsu or beauty treatment can be made by phone or via the Balanzs website.
5.2. Massage, shiatsu, or beauty services offered by Balanzs are not intended to substitute professional physiotherapy sessions or doctors’ appointments. Our staff is not qualified to diagnose illness or injury and their services are not intended as an alternative to professional medical treatment. If the Client is combining physiotherapy or medical appointments with services offered by Balanzs, the Client is responsible for reporting this to the Balanzs specialist prior to treatment.
Article 6. Retreats
6.1. Retreats offered by Balanzs will only be provided if the minimum amount of required registrations are obtained for the retreat.
6.2. Registration for a retreat is only definitive if the required deposit is paid by the Client.
6.3. The Client may participate in the retreat only if the full fee has been paid to Balanzs in advance.
6.4. Balanzs reserves the right to make changes concerning the organization and content of retreats offered by Balanzs.
Article 7. Teacher Training Programs
7.1. In order to be admitted to the teacher training program, the Client must meet the admission requirements, which are determined by Balanzs. Requirements may vary between the different teacher trainings offered.
7.2. Registration for teacher training is only definitive when the prepayment of EUR 100,- is paid in full.
7.3. Client may only follow the teacher training if the program tuition is paid for in full.
7.4. Balanzs reserves the right to make changes concerning the organization and content of the teacher training programs offered by Balanzs.
Article 8. Cancellation of Attendance
8.1. Cancellation of attendance to classes, workshops, courses, teacher training, massages, shiatsu and beauty treatments is only official if stated in writing.
8.2. Cancellation of attendance to classes is free of charge if the cancelation is made up to 3 hours before the class. If the cancellation occurs after the 3 hours threshold, the Client is liable for full payment. In case Client uses an unlimited Membership, there is a non-negotiable €7,50 fine for such a cancellation, if this happens more than once a month.
8.3. Cancellation of attendance to massages, shiatsu or beauty treatments is free of charge if the cancellation is made up to 24 hours before the appointment. If the cancellation occurs after the 24-hour threshold, the Client is liable for full payment.
8.4. Cancellation of attendance to workshops or courses may be made up to 24 hours before the start of a workshop/course. There is a non-negotiable €5 processing fee for such a cancellation. If the cancellation occurs after the 24-hour threshold, the Client is liable for full payment.
8.5. Cancellation of attendance of workshops and courses given by an externally hired teacher will result in the following consequences:
- If the cancellation is made at least 12 weeks before the start of said workshop or course, 50% of the tuition fee will be charged.
- If the cancellation is made between 12 and 6 weeks before the start of the workshop or course, 70% of the tuition fee will be charged.
- If the cancellation is made within 6 weeks of the start of the workshop or course, the full tuition will be charged. If the Client withdraws from the workshop or course once it has already started, the Client will not be refunded.
8.6. Cancellation of attendance to a teacher training will result in the following consequences:
- If the cancellation is made at least 12 weeks before the start of the retreat, 50% of the tuition fee will be charged.
- If the cancellation is made at least 12 weeks before the start of the teacher training, 30% of the tuition fee will be charged.
- If the cancellation is made between 12 and 6 weeks before the start of the teacher training, 50% of the tuition fee will be charged.
- If the cancellation is made between 6 and 1 weeks before the start of the teacher training, 70% of the tuition fee will be charged.
- If the cancellation is made within 1 week before the start of the teacher training, the full tuition will be charged. If the Client withdraws from the teacher training once it has already started, the Client will not be refunded.
8.7. Cancellation of attendance to a retreat will result in the following consequences:
- If the cancelation is made within the first 14 days after application, no fee will be charged.
- If the cancellation is made between 12 and 6 weeks before the start of the retreat, 70% of the tuition fee will be charged.
- If the cancellation is made within 6 weeks of the start of the retreat, the full tuition will be charged.
- If the Client withdraws from the retreat once it has already started, the Client will not be refunded.
Article 9. House Rules
9.1. The Client must always follow the house rules, as stated by Balanzs:
- As a courtesy to those around you, maintain good hygiene before attending a yoga lesson, massage, shiatsu or beauty treatment. The use of (odorless) deodorant is highly appreciated. In relation to possible allergies of other clients, the use of perfume, aromatherapy and other wearable scents are strongly discouraged. The use of spray deodorant in the changing rooms is also strongly discouraged.
- Wear clean and comfortable (workout) clothing during yoga and shiatsu treatments; clothing which your movement is not restricted.
- We advise the Client not to eat for at least 2 hours before yoga class. Taking a yoga class on a full stomach can be an unpleasant experience.
- No shoes policy inside the yoga studio.
- Balanzs yoga mats are available for rent. The Client is responsible for clearing away the mat to the appropriate area once the lesson is finished.
- Balanzs would like to provide every Client with an optimal experience. For this reason Clients are asked to refrain from speech in the yoga studio before, during and after the yoga lesson. Clients are asked to speak quietly in all the areas outside of the yoga studio (reception area, changing room etc.)
- The (physical) integrity of our Clients and employees is to be respected at all times. Sexual harassment and inappropriate behavior will not be tolerated by Balanzs.
Article 10. Obligations to be upheld by Balanzs
10.1. Balanzs reserves the right to refuse participation to any Client who, in the opinion of Balanzs, does not abide by the house rules as stated in Article 9. Payment obligations of the Client who has been refused participation by Balanzs remain unaffected.
10.2. The admission of a Client to a lesson, course, workshop or training on the basis of meeting the admission requirements does not guarantee that the Client will successfully complete the lesson, course, workshop or training.
10.3. Balanzs reserves the right to cancel a lesson, course, workshop or training without stating the reason thereof. Balanzs reserves the right to refuse participation to any Client prior to the start of a lesson, course, workshop or training, without stating the reason thereof.
10.4. Balanzs in under no obligation to repeat the offered courses and / or training to Clients who were unable to attend. The payment in full of missed courses and/ or training remain the obligation of the Client.
Article 11. Pricing and Payment
11.1. All prices are stated in Euro and include VAT, unless otherwise stated.
11.2. University and college students, senior citizens aged 65+ are eligible for a 10% discount by providing proof of enrollment or an ID card respectively. The 10% discount can be used toward a yoga lesson card or membership only.
11.3. Balanzs reserves the right to change the prices on all services offered. New pricing will be communicated through price charts available at the the yoga studios and on the website www.balanzs.nl.
11.4. Balanzs may increase the pricing of their services without notice. The Client will only be responsible for complying with the price increase on not-yet purchased services. All services purchased at the lower price are not subject to the price increase.
11.5. Payment of massages and beauty treatments are due directly after the conclusion of the appointment. The payment of all other products and services are to be made in advance. The Client has the right to receive a receipt from Balanzs as proof of payment and participation.
11.6. Balanzs is entitled to suspend its contractual obligations toward the Client when the Client fails to make a payment or makes an incomplete payment towards any service offered by Balanzs. In case of Client’s failure to pay, Balanzs reserves the right to refuse the Client access to its premises and is furthermore entitled to terminate any agreement made between the Client and Balanzs. Balanzs also reserves the right to dun the Client in case of failed, late or incomplete payments.
11.7. In case of late or incomplete payment the Client will be subjected to additional penalty fees and interest over the original dues owed. The Client is responsible for any additional costs added to the original dues, both judicial and extrajudicial. Only after customer has paid the original dues, penalty fees, and interest, will the Client be able to make new agreements with Balanzs.
Article 12. Force Majeure
12.1. Definition of Force Majeure: Events taking place outside the direct influential sphere of Balanzs, or any unforeseen circumstances which temporarily or permanently prevent Balanzs from fulfilling its obligations toward the Client. Such circumstances include: restrictive government measures, mobilization, war, threat of war, revolution, strikes, seizure of property, confiscation of property, extreme weather conditions, natural disasters, lack of transportation methods, the defaulting of a third party whose services have been commissioned by Balanzs..
12.2. In case of force majeure, Balanzs reserves the right to suspend its obligations towards the Client without judicial intervention and without obligation to pay any total or partial compensation to the Client, at the discretion of Balanzs.
Article 13. Liability
13.1. The purchase of services offered by Balanzs is at the Client’s own risk. If the Client is in doubt about the condition of their health, it is advisable to consult a medical professional. The Client is obliged to report any compromising health or other physical conditions (e.g. pregnancy, high blood pressure, muscle or joint pain, etc.) to the front desk attendant. The Client is advised to interrupt the activity in the event of discomfort and warn the teacher or therapist thereof.
13.2. Balanzs is not liable for any material or immaterial damages resulting from accident or injury to the Client on Balanzs premises.
13.3. Balanzs is not liable for loss, embezzlement, theft or damage to the Client or the Client’s property, whether direct or indirect.
13.4. Intentional or unintentional damage caused to the property of Balanzs by improper use of the Client should be duly compensated by the Client.
13.5. Client cannot indemnify any third parties working in conjunction with Balanzs: employees, third-party contractors and employees of said third-party contractors hired by Balanzs are never liable to a Client’s indemnification.
Article 14. Suspension and Termination
14.1. If at the time of delivery of services, it is found that the Client does not properly comply with their obligations toward Balanzs in terms of payment and house rules, Balanzs reserves the right to suspend or terminate all agreements made with the Client. Suspension of agreements are to be made at Balanzs’s discretion without any notice or judicial intervention and without being obliged to pay any compensation to the Client, whole or partial, and without liability on the part of Balanzs.
Article 15. Privacy
15.1. If you have a membership or lesson card with Balanzs, want to purchase a membership or a lesson card, follow a course or want to follow a course, want to book a treatment, visit our website with interest, use our app or respond to our social media statements, then we need certain personal information from you. We want to be transparent about the processing of your personal data by Balanzs, hence this privacy statement. Naturally, Balanzs handles your personal data with the utmost care and complies with the laws and regulations relating to the protection of personal data, such as the General Data Protection Regulation (GDPR). We have listed for you which data we process about you, why we do it and how we handle your personal data. In addition, it explains how you can influence the processing of your personal data by Balanzs.
15.2. Which personal data are processed by us? Balanzs processes personal data. According to the GDPR, personal data is ‘all information about an identified or identifiable natural person’. These are all data that can be traced directly or indirectly to your person. Information from our customers When you purchase a service from Balanzs for the first time, we at least process your name, address, place of residence, telephone number, e-mail address, gender and date of birth. Even if you are already a Balanzs customer, we will continue to process this type of personal data from you. When using the services of Balanzs, depending on which services are taken, the following personal data are also processed: client number, which studio you have designated as a home studio, visit registration at the studio, last visit to the studio, type of subscription and / or lesson card, information you may have given to our customer service, your financial status at Balanzs (purchased services and products and whether these have been paid), any details you have filled in regarding relevant injuries and / or health. Data from our website visitors Visitors to our website also process personal data. This concerns personal data that you enter on, for example, the contact page or the webshop itself, such as your e-mail address, name, address, place of residence, current location or a telephone number. Social media expressions: The data that you enter yourself on social media or that we collect as a result of your reactions to social media statements are processed by Balanzs. This may include personal data that you enter on, for example, the contact page of the relevant platform, such as your e-mail address, name, address, place of residence or a telephone number.
15.3. With what purpose do we process your data? Services: Balanzs processes your data to provide you with services. To create an account that gives you access to the Balanzs studios, handling and answering questions and complaints, drafting, and sending and collecting invoices.To inform: Balanzs processes your data in order to inform you mainly by e-mail (or in a few cases by telephone). You will receive information about the status of your subscription or lesson card. You will also receive information about similar products and services from Balanzs. You will have to sign up for these messages and you can unsubscribe at any time. Analysis & (market) research: We can use your personal data for conducting research and carrying out analysis, with the aim of improving the services of Balanzs. We can also ask you if you would like to participate in a no-obligation customer or market research in order to improve our services. You decide whether you want to participate by giving permission or not. Reporting: Balanzs processes customer data for statistical analyzes and management reports. On the basis of these analyzes and reports decisions are made, products and services are evaluated, and it is checked whether campaigns are effective. Customer data is used for this purpose on an aggregated level. Aggregate means that the data does not contain information about individual members, but only contains information about certain groups based on usage, age or new customers. Contact with customers: If you contact us or we contact you by phone, e-mail, social media, chat or in another way, your data will be registered. This way, Balanzs employees can later see that you have been in contact with you before and about it. That way we can help you faster and better. For example, consider questions about services, complaints, invoices and payments if you participate in market research and sales discussions. Legal obligation: Balanzs may be required by law or regulation to process your personal data and / or provide it to third parties. For example, when a competent authority such as, for example, the tax authorities so requests.
15.4. How do we deal with the security of your data? Balanzs provides appropriate technical and organizational security measures to protect the personal data against, among other things, loss, destruction or damage, unauthorized access or any other form of unlawful processing of your personal data. We do this, among other things, by taking physical and organizational measures for access security, shielding each computer with username and password and authorization management so that your data cannot be viewed by all Balanzs employees. But also keeping software up-to-date and regularly testing our security measures.
15.5. How long do we keep your data? We will retain your data insofar as this is necessary for the realization of the purposes for which we process your data and for no longer than legally permitted. The ultimate storage period differs per type of personal data. If you have a Balanzs subscription or lesson card, we will keep your details during the term of your subscription or lesson card. After the retention period has expired, your personal data will be anonymized or deleted.
15.6. Does Balanzs use third-party services when processing data? Balanzs uses services from other parties. This only happens after screening in the field of security and privacy and only after the company has signed an agreement regarding the use and protection of personal data. Activities involving third parties are: (online) marketing, market research, collection, advertising and analyzing effectiveness of advertisements, web analysis and applications / SAAS services that are used in the context of customer administration, customer service and marketing, mobile app, telephone contacts and bank traffic.
15.7. Does Balanzs provide information to third parties? In principle, Balanzs does not provide or sell information to third parties. However, Balanzs may be required by law or regulation to process your personal data and / or provide it to third parties. For example, when a competent authority such as, for example, the tax authorities so requests.
15.8. How can you influence the processing of your personal data? In the GDPR a number of rights of those involved are recorded. Everyone has the right to view, correct or add to his personal details, to have them deleted, to request a limitation of the processing, to have them transferred and to object to the processing of his or her personal data. Below is a brief explanation of the various rights. Access of data: You have the right to inspect your personal data and to receive a copy of it. Rectification of data: You have the right to have your personal data corrected if these are incorrect and have them supplemented if they are incomplete. There is the possibility to access the personal data that Balanzs saves. There is also the possibility to change incorrect information / incorrect data. An account can be created for this at Balanzs Online. Deletion of data: You can request your personal data to be deleted, and this is honored in the following cases: because the data is no longer necessary for the purposes for which it was collected or processed, because you withdraw your consent because you have successfully objected to the processing, because the personal data have been processed unlawfully or to comply with a legal obligation. Limitation of processing: You have the right to request and obtain the limitation of a processing in a number of specific cases: during the period of dispute of the correctness of personal data and the verification thereof, if the processing has proved to be unlawful but you do not want the data will be erased if Balanzs no longer needs the data, but you still need the data for legal action and if you have objected to the processing and you are still awaiting the response to the objection. You ask, as it were, to mark the personal data (temporarily locked) with the aim of limiting processing in the future. Portability of data: You have the right to have your data transferred. With this you can request a copy of your personal data and get it, for example, from another service provider. The data will be provided in a structured, current and machine-readable form. Think of an Excel file, CSV file or will be downloadable. This right only applies if the processing of the data is based on permission or an agreement and if the processing is carried out via automated procedures. Objection against processing: You always have the right, on the grounds of your particular situation, to deal with: the processing of your personal data on the basis of a general interest task or a task in the exercise of the public authority if Balanzs were granted and if the processing is necessary for the defense of the legitimate interests of Balanzs or a third party, if your interests weigh more heavily. If you want to use one of your rights, you do so as follows. You can send your request by e-mail to firstname.lastname@example.org. Or you can send a request by post to: Balanzs, Attn Customer Care, Laan van Meerdervoort 96b, 2517 AR The Hague, The Netherlands. Always state which request you are requesting: ‘access request’, ‘rectification request’, etc. and state your name, address and telephone number. You will receive a response within one month at the latest after receiving the request. For questions about this privacy statement and the Balanzs policy, please contact: email@example.com
Article 16.Copyright and Ownership
16.1. All rights are reserved on all the teaching materials provided by Balanzs. No part of any publication (s) may be stored digitally or published in any form without written consent of Balanzs. It is not permitted to make Balanzs teaching materials available to third parties.
Article 17. Complaints
17.1. Complaints may be submitted in writing, by mail or phone, by stating the date, place and situation of the complaint, together with a resolution proposal from the Client. Balanzs will respond within four weeks of receiving the Client’s proposal for resolution. Balanzs will contact the complainant if there are any uncertainties regarding the complaint and/or resolution proposal. If the complaint involves a teacher, the Client will be contacted by the teacher. Balanzs will follow up with a proposal to resolve your complaint.
17.2. In the case that Balanzs and the complainant do not reach a resolution, the complaint shall be submitted to the Disputes Committee of the Stichting Geschillencommissies Consumentenzaken. The Disputes Commission decision is final and binding for both parties.
17.3. Complaints fall under privacy regulations and are only made transparent to the related parties.
Article 18. Governing Law and Jurisdiction
18.1. All agreements are subject to Dutch Law.
18.2. Any dispute that may arise from an agreement shall be exclusively submitted to the appropriate court in the district of The Hague.