1° HOUSEHOLD REGULATIONS – THE BRICK ANTWERP 

  1. The Brick reserves the right to change the opening hours, schedules, house rules, and instructors.
  2. The Brick is not obligated to provide any form of compensation in case of possible class cancellations or other services.
  3. Proper sports attire is required to participate in sporting activities, including sports shoes.
  4. Coffee, tea, fruit, and water are included.
  5. The use of towels is mandatory in the gym and sauna for hygienic reasons.
  6. Towels are provided but remain the property of The Brick. Equipment and devices must be left in an orderly state after use. The use of chalk is not permitted in The Brick Satori, The Brick Circus & The Brick Gym; it is only allowed in The Brick Dragon’s Den CrossFit box.
  7. Smoking is prohibited in the building.
  8. Animals are not allowed in the building.
  9. The use or trade of illegal substances in the gym is prohibited.
  10. Children under 18 years of age are not allowed.
  11. Working out together is encouraged at The Brick. However, coaching other athletes is reserved exclusively for the personal trainers with whom we work. If you offer personal training yourself, this may be grounds for us to terminate your agreement.
  12. If you grant another person, member or non-member, unauthorized access in any way, for example by letting them through the gate with you or by giving them your membership card, you will be responsible for paying the fine. The Brick reserves the right to block access to the club until the fine is paid and may terminate your agreement if necessary.
  13. The Brick may, at any time, refuse or deny access, as well as terminate the membership of individuals whose behavior does not comply with the household regulations.
  14. Lockers may only be used when the person using the locker is present in the gym.
  15. Repeated failure to comply with the rules regarding group class reservations online may result in a temporary or permanent ban on scheduling classes.
  16. You should be aware that images may be made for promotional purposes. You give The Brick permission to use these images as stated in the General Terms and Conditions.
  17. The etiquette rules in the locker rooms and sauna must be followed.
  18. Unwanted intimacies must always be reported to a front desk employee.

2° GENERAL TERMS AND CONDITIONS – THE BRICK ANTWERP 

ARTICLE 1: DEFINITIONS

In these general terms and conditions, the following terms shall have the meanings assigned to them:

The Brick: The public limited company Materia Concept Gyms NV (Company Number BE0630.789.218) with its registered office at Waalsekaai 57a – 2000 Antwerp, trading under the name “The Brick”.

Club: The physical locations where The Brick offers fitness, group classes, or co-working, as may be modified from time to time.

Co-working: A service or facility for the occasional use of the Club for work purposes, which is included in the membership fee. The Member is not permitted to use the addresses of the Clubs as a mailing address and/or registered office.

Extras: Services or facilities that may be purchased from The Brick for an additional fee, in addition to the basic membership.

Host/Hostess: An employee of The Brick responsible for managing a Club.

Effective Date: The effective date of your agreement is the day of your registration. If you register during a presale before the opening of your Club, your membership will commence on the day your Club opens, not on the day of your registration.

Member: The natural person aged 18 years or older for whom a membership agreement has been concluded upon registration; persons under 18 years of age and legal entities cannot become Members.

Membership Card: This is the access card you must have to enter one of our Clubs. The Brick may request identification to verify that you are the Member and the owner of the Membership Card, or to verify your age.

Agreement: The Agreement that is formed between The Brick and the Member upon registration. These general terms and conditions are part of this Agreement, along with the house rules and any specific terms and conditions that may apply to Extras. By signing the Agreement, the Member is deemed to have read and understood the aforementioned terms and conditions.

ARTICLE 2: BECOMING A MEMBER

  1. You can become a Member of The Brick at the Club by signing your Agreement with the host or hostess, or by registering via the website.
  2. When registering through the website, you have the right to withdraw from the membership without giving any reason within 14 calendar days from the date of registration. You can do this in one of the ways described in article 8. This cooling-off period does not apply to physical registration at one of our Clubs.

ARTICLE 3: MEMBERSHIP TERM

  1. We offer various types of memberships, the details of which can be found on our website or at the Club.
  2. Upon registration, you can indicate for which type of membership you wish to enter into the Agreement.
  3. Through all types of memberships, you gain access to the The Brick app.

ARTICLE 4: FEES AND PAYMENT

  1. Each type of membership has its own membership fee and conditions, which can be found on the website or at the Clubs.
  2. The Brick may charge a joining fee upon every (re-)registration for membership. This joining fee may vary, depending on the type of membership or may be subject to a specific promotion. If you terminate your membership and wish to rejoin, a new joining fee is due, and the membership fees applicable at the time of re-registration will apply.
  3. The membership fee is due from the moment of registration. All membership fees are payable in advance.
  4. You may pay your membership fee annually in advance or monthly via automatic direct debit.
  5. If an agreed monthly direct debit cannot be executed, The Brick may deny the Member access to the Club, services, and facilities until payment is made correctly.
  6. Failure to make payment by the due date will result in the immediate acceleration of all sums due for the current membership period, regardless of the agreed payment method. The Brick will send a first reminder electronically in accordance with article XIX.2 of the Belgian Code of Economic Law. Failure to pay within 14 days after the dispatch of this first reminder and/or in the event of the application of article 8.7, shall result in the Member being liable for default interest in accordance with article XIX.4 of the Belgian Code of Economic Law, at a rate equal to the reference interest rate increased by eight percentage points as provided in article 5, second paragraph, of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions. In addition, a flat-rate compensation is due, the amount of which is equal to a) €20 if the outstanding balance is less than or equal to €150; b) €30 plus 10% of the amount owed on the tranche between €150.01 and €500 if the outstanding balance is between €150.01 and €500; and c) €65 plus 5% of the amount owed on the tranche above €500, with a maximum of €2,000 if the outstanding balance exceeds €500.
  7. If The Brick is required to take further steps to collect the amount due from the Member, the Member shall be liable for all judicial and extrajudicial costs in addition to the amounts referred to in article 4.6.
  8. The Brick is entitled to change the fees once per calendar year. The Brick undertakes to inform the Member of this in a timely manner. For fixed-term registrations, fee changes only apply from the time they are automatically renewed. If the Member does not agree with the adjusted fees, he/she may terminate the Agreement by written notice within 14 days after the notification of the change. The Agreement will then end on the last day of the current month. If the termination is received later, the Agreement will only end on the last day of the following month.
  9. Under no circumstances is the Member entitled to a refund of membership fees.

ARTICLE 5: MEMBERSHIP CARD

  1. After signing the Agreement, the Member will receive a password and login details for the The Brick app via email. The use of the app is strictly personal.
  2. Access to the Club, services, and facilities of The Brick is only possible by scanning the personal QR code in the app.
  3. Your membership is personal and cannot be transferred to another person. You may not lend your Membership Card to another person. To protect our members, we may ask you to present a second form of identification before allowing you access to our Clubs.
  4. If you lose your Membership Card, a fee of €10 will be charged for a replacement.
  5. If a person other than the Member uses the Membership Card, The Brick reserves the right to immediately terminate the membership and/or suspend the membership and/or impose a fine. Failure to pay such a fine may result in the immediate termination of the Agreement.

ARTICLE 6: OPENING HOURS

  1. The Brick reserves the right to fully or partially close its Clubs on public holidays, during school vacations, or in cases of force majeure.
  2. The Brick reserves the right to temporarily or permanently change the opening hours of a Club (or parts thereof).
  3. The Brick reserves the right to close one or more of the Clubs for repairs and maintenance work.
  4. None of the above provisions entitle the Member to a refund of membership fees.

ARTICLE 7: GROUP CLASSES

  1. The Brick strives to keep the class offerings up to date. This means that (the content) of the classes, the types of classes, and the class schedule may be regularly adjusted. Occasionally, a group class may be canceled.
  2. Changes to group classes are subject to article 6.4.

ARTICLE 8: TERMINATION OF MEMBERSHIP

  1. If an Agreement has been entered into for a duration of one year, it may be terminated no later than four weeks before the end of the term. If the Member does not do so, the Agreement will automatically renew for an indefinite period and can then be terminated at any time without compensation, subject to a notice period of at least four weeks.
  2. If an Agreement has been entered into with flexible termination options, it can be terminated at any time without compensation, subject to a notice period of at least four weeks, which will commence on the first day of the next four-week payment period. The membership will then end on the last day of the month following the month of termination.
  3. Early termination of the membership by the Member is only possible on medical grounds or if moving more than 25 kilometers away from The Brick, and upon presentation of the necessary written evidence prior to early termination. 

In the case of relocation, the Member may terminate the Agreement early, subject to a notice period of at least four weeks, and a copy of the registration at the new address is required. If the Member provides a medical certificate showing that they will be unable to exercise for at least 12 months from the date of the certificate, The Brick will terminate the membership at the Member’s request from the date of receipt of the request. The Brick advises that documents be sent by email.

  1. Termination must be done via email to info@thebrick.be. When terminating, you must include the following information: your name, your Membership Card number, the reason for departure, and attach the written evidence regarding early termination, if article 8.3 is applicable.
  2. The Brick reserves the right to terminate the Agreement at the Member’s expense and with immediate effect, without the Member being entitled to any form of compensation or refund of paid membership fees, among other reasons, if the Member fails to comply with the house rules, if the situation described in article 5.5 occurs, or if the Member is denied or refused access to the Clubs in accordance with these general terms and conditions.
  3. If the Member can demonstrate that The Brick has seriously failed to fulfill its contractual obligations and only if The Brick is notified of this breach by the Member by registered letter within seven days of discovering this breach, The Brick will agree to immediately terminate the Agreement and will pay the demonstrable direct damages, in any case limited to the balance of outstanding membership fees until the end of the Agreement, as compensation.
  4. Any other form of termination by the Member, such as the unilateral cessation of monthly payments via the bank, will be considered an unlawful termination of the Agreement by the Member. In such cases, all full membership fees remain due. If these outstanding membership fees are not voluntarily paid by the Member, The Brick will engage a collection agency to recover the outstanding membership fees. In this case, the collection agency will demand a fixed compensation in addition to the amount owed, and default interest will be charged.
  5. If the membership you have chosen at the time of registration includes a discount linked to the duration of the membership, this discount will expire if for any reason this duration is not respected. A settlement will then be made for the unjustly granted discount, which will be immediately payable and due.

ARTICLE 9: SUSPENSION

  1. The Member may request a suspension of membership due to medical reasons. Suspension is only possible after consultation with The Brick and upon prior submission of a valid medical certificate (via email) indicating that the Member is temporarily unable to engage in fitness activities.
  2. The medical certificate must state that at least one month of suspension is required from the day the certificate is sent to The Brick.
  3. The suspension is always for a fixed duration and ends on the date prescribed by the medical certificate.
  4. During the suspension, the Member is not required to pay membership fees and will not have access to the Clubs or the facilities and/or services. [The Membership Card, which serves as an access pass, will be blocked during this period]. The duration of the membership will be extended by a period equal to the duration of the suspension.

ARTICLE 10: RISK AND LIABILITY

  1. Engaging in sports can involve risks. When you use our Clubs and facilities, you must personally assess which activities are appropriate for your general level of fitness, experience, and physical condition.
  2. The Brick does not offer active guidance by employees in the Clubs. You can hire a personal trainer, book an introductory session, or make use of the tips and advice we provide in our app or through other means in the Club. However, you remain personally responsible for how you exercise and the choices you make. The use of the facilities is at your own risk. If you have any doubts about your physical condition, we recommend seeking professional advice from a physician or specialist to determine the best and safest way to exercise.
  3. Each Member is responsible for personal accidents and their personal belongings, and should take out the necessary insurance policies for this purpose.
  4. The Brick excludes all liability towards its members or any third party, except for (i) its potential liability towards its members for intentional or gross negligence by The Brick or its appointees; and (ii) its potential liability in the event of death or bodily injury of its members resulting from an act or omission of The Brick.
  5. Neither The Brick nor its employees can be held responsible for the loss, damage, or theft of personal belongings in the Clubs. The Brick provides lockers that are or can be emptied at the end of each day. The Member is responsible for removing their personal belongings from the locker before leaving the gym. The Brick reserves the right to remove any personal belongings that remain in the lockers at the end of the day. The Brick is in no way liable for the safekeeping of these belongings.

ARTICLE 11: FORCE MAJEURE

The Brick cannot be held liable for any delay in performance or non-performance of its obligations if such delay is due to force majeure. For the purposes of this Agreement, “force majeure” includes all situations or events beyond the control of a party, whether foreseeable at the time the Agreement entered into force, as a result of which The Brick cannot reasonably be expected to fulfill its contractual obligations. These situations or events include, but are not limited to: government measures, epidemics and pandemics, explosions, national strikes, strikes by suppliers or unavailability of supplier services, natural disasters, social conflicts, riots, war, and international terrorism, network failures…

Each party has the right to terminate the Agreement with immediate effect if the force majeure is of a permanent nature or lasts for more than ninety (90) days.

ARTICLE 12: COMPLAINTS

We do our utmost to serve everyone and aim to provide as many people as possible with access to sports facilities through our Clubs. If you have any complaints, we regret this but are happy to hear them. You can initially address the host/hostess in our Clubs and secondly, contact The Brick’s customer service, as described on the website (www.thebrick.be).

ARTICLE 13: PERSONAL DATA

  1. The Brick processes the Member’s personal data in a proper and careful manner in accordance with its privacy policy (https://thebrick.be/privacybeleid/) and in compliance with its obligations under applicable laws and regulations, including the General Data Protection Regulation (GDPR).
  2. The controller responsible for processing the Member’s personal data is Materia Concept Gyms NV (Company number BE0630.789.218) with registered office at Waalsekaai 57a – 2000 Antwerp.
  3. If the Member provides their personal data to The Brick, it will be included in The Brick’s database and processed: for the management of the customer base and the offered products and services, for conducting market studies, to inform the Member about new products and services, for the implementation of information and promotional campaigns. Personal data will not be disclosed to third parties, except for The Brick’s affiliated companies involved in the correct execution of the membership agreement. Under no circumstances will The Brick pass on this data to third parties for commercial purposes.
  4. The Member can obtain a free written overview of their personal data and request the correction or deletion of incorrect, incomplete, or irrelevant data by submitting a dated and signed request to The Brick, accompanied by proof of the Member’s identity (copy of identity card). The Brick will provide the overview no later than 30 days after receiving the request.
  5. The Brick commits to, within 10 days upon request of the Member, ceasing the use of the Member’s personal data for informing the Member about new products and services as well as for the implementation of information and promotional campaigns.

ARTICLE 14: CHANGE OF DETAILS

  1. Changes in your personal situation (e.g., address or bank details) must be immediately communicated to customer service.
  2. If these changes are not communicated and The Brick incurs costs to obtain the new personal details, reasonable and actual costs will be charged to the Member.

ARTICLE 15: THE BRICK CUSTOMER SERVICE CONTACT DETAILS

You can find the contact details of our customer service on: www.thebrick.be, Address: Waalsekaai 57a – 2000 Antwerp. For more information, please visit The Brick’s website: www.thebrick.be

ARTICLE 16: INTELLECTUAL PROPERTY RIGHTS

The Brick is and remains the exclusive owner of all intellectual property rights related to the “The Brick” brand.

The Member waives their image rights regarding photos and videos taken in the Clubs. Consequently, the Member also grants permission for the potential publication of these photos and videos on, among other things, social media channels, even after the Member has terminated their membership. The Brick may freely use the photos and/or videos.

The Member explicitly consents to The Brick using (without any compensation) photos and videos of the Member on its own social media channels when these images are taken in the Clubs and/or during an event organized by one of the Clubs.

ARTICLE 17: MISCELLANEOUS

Complete Agreement – The Agreement, these general terms and conditions, and the house rules constitute the entire Agreement between the parties with respect to its subject matter and replace all previous written and oral agreements.

Partial Invalidity – The invalidity or unenforceability of one or more provisions of these general terms and conditions does not lead to the invalidity of the general terms and conditions as a whole. The parties agree to replace any invalid, illegal, or unenforceable provisions with new provisions that closely match the objectives and intentions of the invalid or unenforceable provisions to the extent permitted by law.

No Implied Waiver – The fact that one of the parties does not invoke a breach by the other party of any obligation does not mean that the party waives its right to invoke this breach at a later stage.

Governing Law and Disputes – All issues, questions, and disputes regarding the validity, interpretation, enforcement, performance, or termination of these general terms and conditions, and all agreements entered into by or with The Brick, will be governed by and construed in accordance with Belgian law and will be exclusively settled by the competent courts of Antwerp, Antwerp division.

It is understood and agreed that (i) this English version of the general terms and conditions is merely a translation for informational purposes and the Dutch version is the only official and legally binding version on the Member and The Brick and (ii) in the event of conflict with the provisions of the original Dutch version, the provisions of the original Dutch version will have priority.

— Update dated September 23, 2024

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