General terms & conditions

Houserules – THE BRICK ANTWERP

The Brick reserves the right to change opening hours, class schedules, house rules, and instructors.
  • The Brick is not obligated to provide any form of compensation in the event of cancellations of classes or other services.
  • Appropriate athletic attire, including athletic footwear, is required for participation in sports activities.
  • Coffee, tea, fruit, and water are available free of charge.
  • For hygiene reasons, the use of towels is mandatory in the gym as well as in the sauna.
  • Towels are provided but remain the property of The Brick. Equipment and facilities must be left in good order after use. Chalk is not permitted at The Brick Circus & The Brick Gym; this is only permitted in The Brick Dragon’s Den CrossFit box.
  • Smoking is prohibited in the building.
  • Animals are not permitted in the building.
  • It is not permitted to use or trade in prohibited substances in the gym.
  • Children under 18 are not permitted.
  • Working out together is encouraged at The Brick. However, coaching other athletes is exclusively reserved for the personal trainers and advisors with whom we work exclusively. If you nevertheless offer personal training, this may be a reason for us to terminate your agreement.
  • If you unlawfully grant access to another person, whether a member or not, in any way—for example, by letting them walk through the entrance gate with you or by giving them your membership card—you are responsible for paying the 100 EUR fine. The Brick reserves the right to block access to the club until the fine has been paid.
  • The Brick may at any time refuse or deny access, as well as terminate the membership of individuals whose behavior is not in accordance with the house rules.
  • Lockers may only be used when the person using the locker is present in the gym.
  • Repeated failure to follow the applicable rules regarding online booking of group classes may result in a temporary or permanent ban on scheduling classes.
  • You must be aware that images may be taken for promotional purposes. You grant The Brick permission to use those images.
  • The etiquette rules in the changing rooms and sauna must be observed.
  • Member obligations when booking a treatment:
    • The Member is obligated to answer all questions prior to the first visit completely and truthfully;
    • The Member is required to carefully read the contraindications during the first visit and confirm that they do not apply to him/her;
    • The Member is required to comply with all directions and instructions from and on behalf of The Brick;
    • The Member must conduct themselves as a responsible Visitor and show respect for othervisitors, the surroundings, The Brick’s staff, and the booths, equipment, etc.;
    • The Member is aware that the materials, booths, equipment, etc. thatare used for the treatment and are located on the Premises are very valuableand must therefore handle them with care and use themexclusively in accordance with their intended purpose and the instructions;

ARTICLE 1: Definitions

In these terms and conditions, the following terms have the following meanings:The Brick: the public limited company Materia Concept Gyms NV (CBE No. 0630789218) with its registered office at Waalsekaai 57a – 2000 Antwerp (E: ) and trading under the name “The Brick”. Club: The physical locations where The Brick offers fitness, group classes, or co-working, with the primary purposeof engaging in fitness and other physical activities. The Brick does this to the best of its ability. Co-working: A service or facility offered at no additional charge. The member is not permitted to use the club addresses as a mailing address and/or registered office. Extra: The services or facilities that can be purchased from The Brick for a fee in addition to the basic membership. Host: Our employee who manages a club. Effective Date: The effective date of your agreement is the same as the day of your registration. If you register during a pre-sale before your club opens, your membership begins on the day your club opens and not on the day of your registration. Member: You can become a member with us if you are a natural person and 18 years of age or older. Membership Card: This is the access pass you need to enter one of our clubs. The Brick may ask you to show identification to verify that you are the person to whom the membership card belongs, that you are a co-user, or to verify your age. Agreement: The agreement formed between The Brick and the member upon registration. These general terms and conditions are also part of this agreement, as are the internal regulations and the specific terms and conditions that may apply to extras. Terms and Conditions: These terms and conditions apply to all services provided by The Brick. The Brick is entitled to amend the terms and conditions applicable to the membership. The amendments take effect one calendar month after their announcement, unless a different statutory period is required, in which case that period shall apply. If a member does not wish to accept a change that is disadvantageous to them, the member may terminate their membership effective as of the date on which the new terms and conditions take effect. The written notice of termination must be received by The Brick prior to the effective date of the change.

ARTICLE 2: becoming a member

  1. You can become a member of The Brick by signing a contract with a staff member.
  2. If you register via the website, you have the right to cancel your membership within 14 calendar days of the registration date without giving a reason. You can do this using one of the methods described in Article 8. This cooling-off period does not apply to registration at one of our clubs.

ARTICLE 3: membership terms

  1. We offer various membership options; full details can be found on ourwebsite or at the club.
  2. When you sign up, you can indicate which membership option you’d like tosign up for.
  3. All memberships include access to the The Brick app.

ARTICLE 4: RATES AND PAYMENT

  1. All membership types have their own membership fees and terms and conditions, which can befound on the website or at the clubs.
  2. A sign-up fee may be required upon registration for membership. Thissign-up fee may vary by membership type if a promotion is in effect.If you have terminated your membership and wish to rejoin, a newsign-up fee is due, and the membership fees in effect at that time apply.
  3. Membership fees are due from the moment of registration. All membership fees are payable in advance and are due and payable immediately.
  4. You can pay your membership fees annually in advance or monthly via automatic direct debit.
  5. If an agreed monthly direct debit cannot be processed, the member may be deniedaccess to The Brick’s services and facilities.
  6. Failure to pay by the specified due date will result in the immediate acceleration of all outstanding amounts, regardless of the agreed payment method. In the event of failure to pay membership fees on time and/or in the event of application ofArticle 8.7, default interest shall always be due on the outstanding balance, equal to the interest at the reference interest rate plus eight percentage points as referred to in Article 5, paragraph 2, of the Act of August 2, 2002, on combating late payment in commercial transactions, and a fixed compensation, to the extent that it is expressly stipulated, the amount of which is equal to a) 20 euros if the outstanding balance is less than or equal to 150 euros; b) 30 euros plus 10% of the amount due in the bracket between 150.01 and 500  euros if the outstanding balance is between 150.01 and 500 euros and c) 65 euros plus 5% of the amount due in the bracket above 500 euros with a maximum of 2,000 euros if the balance due exceeds 500 euros.
  7. If The Brick is required to proceed with further collection of the amount due from the member, the member shall be liable for all judicial and extrajudicial costs in addition to the amounts specified in Article 4.6.
  8. Failure to pay by the specified due date will result in the immediate acceleration of all outstanding amounts, regardless of the agreed payment method. In the event of failure to pay membership fees on time and/or in the event of application of Article 8.7, default interest shall always be due on the outstanding balance, equal to the interest at the reference interest rate plus eight percentage points as referred to in Article 5, paragraph 2, of the Act of August 2, 2002, on combating late payment in commercial transactions, and a fixed compensation, to the extent that it is expressly stipulated, the amount of which is equal to a) 20 euros if the outstanding balance is less than or equal to 150 euros; b) 30 euros plus 10% of the amount due on the bracket between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros and c) 65 euros plus 5% of the amount due in the bracket above 500 euros with a maximum of 2,000 euros if the balance due is higher than 500 euros.
  9. If The Brick is required to take further collection action against the member for the amount owed, the member shall be liable for all judicial and extrajudicial costs in addition to the amounts specified in Article 4.6.
  10. The Brick is entitled to adjust the rates and/or terms and conditions up to a maximum of once per calendar year.
  11. Under no circumstances may the member claim a refund of membership fees.

ARTICLE 5: MEMBERSHIP CARD

  1. After signing the agreement, the member will receive a password and login credentials for The Brick app via email. Use of the app is strictly personal.
  2. You can only access The Brick’s services and facilities by scanning your 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 all our members, we may ask you to present a second form of identification before we allow you into our clubs.
  4. If you lose your membership card, we will charge you a fee of €10 to replace it.
  5. If another person uses your membership card, we may terminate your membership.

ARTICLE 6: BUSINESS HOURS

  1. The Brick reserves the right to close in whole or in part during widely recognized holidays, school vacations, or in cases of force majeure.
  2. The Brick is authorized to change the opening hours of a club (or parts thereof) temporarily or permanently.
  3. The Brick also reserves the right to close for repair and maintenance work.
  4. None of the above provisions entitles the member to a refund of membership fees.

ARTICLE 7: CHANGES TO GROUP CLASSES

  1. The Brick strives to keep its class offerings up to date at all times. This means that the content of the classes, the types of classes, and the class schedule are updated regularly. Occasionally, a group class may be canceled.
  2. Article 6.4 applies to changes to group classes.

ARTICLE 8: TERMINATION OF MEMBERSHIP

  1. If an agreement was entered into for a term of one year, it may be terminated no later than 4 weeks before the end of the term. If the  member fails to do so, the agreement is extended for an indefinite period and may subsequently be terminated at any time without compensation subject to a notice period of at least 4 weeks.
  2. If a contract has been entered into that allows for flexible cancellation, it may be terminated at any time without compensation, subject to a notice period of at least 4 weeks, which will commence on the first day of the next 4-week payment period. Themembership will then only end on the last day of the month following the month of termination.
    1. If an agreement was entered into for a term of one year, it may be terminated no later than 4 weeksbefore the end of the term. If the member fails to do so, the agreement is extended for an indefinite period and may subsequently be terminated at any time without compensation subject to a notice period of at least 4 weeks.
    2. If an agreement has been entered into that is flexibly terminable, it may be terminated at any time without compensation, subject to a notice period of at least 4 weeks, which will commence on the first day of the next 4-week payment period. Themembership will then only end on the last day of the month following the month of termination.
    3. Early termination of membership is only possible for medical reasons, or if the member moves more than 25 kilometers away from The Brick. In the event of a move, the member may terminate the agreement early, subject to anotice period of at least 4 weeks, for which a copy of the registration at the new place of residence is required. If the member submits a medical certificate stating that they will no longer be able to exercise for a period of at least 12 months from the date of the certificate, The Brick will terminate the membership upon request effective from the date of receipt of the request. The Brickrecommends sending the documents by email. If the certificate or proof is only submitted after legal proceedings have been initiated, these will no longer be accepted, and the member must pay at least the unnecessary costs incurred by The Brick.
    4. Cancellation must be submitted via email to info@thebrick.be. When canceling, you must include the following information: your name, your membership card number, and the reason for leaving.
    5. The Brick may terminate the membership agreement to the member’s detriment, without the member being entitled to any form of compensation, if the member fails to comply with the house rules or if the member has been refused or denied access in accordance with these general terms and conditions.
    6. If the member can demonstrate that The Brick is in serious breach of its contractual obligations and only if The Brick is notified of this by the member via registered mail within 7 days of the breach being established, The Brick agree to terminate the agreement immediately and will pay the demonstrable damages, provided that such amount does not exceed the balance of the outstandingmembership fees until the end of the agreement, as compensation. In the event of failure to pay the amounts due, the member is entitled to default interest and a lump-sum compensation of 10% on the overdue amounts, with a minimum of 50 EUR for all  extrajudicial costs.
    7. Any other form of termination by the member, such as unilaterally stopping monthly payments via the bank, is considered an unlawful breach of the agreement. In such cases, all outstanding membership fees remain due. If these outstanding fees are not voluntarily paid by the member, The Brick will engage a collection agency to recover the outstanding fees. In this case, the collection agency will demand a fixed compensation fee in addition to the amount owed.
    8. If the membership you have chosen includes a discount at the time of registration, this discount will be forfeited if the term of the original contract is not honored. A setoff will then take place for the unduly granted discount. This will be due immediatelyin the event of early termination of the contract.

ARTICLE 9: SUSPENSION / FREEZING

  1. A suspension is only possible after consultation with The Brick and upon presentation of a valid medical certificate (via email) stating that the member is temporarily unable to exercise.
  2. The medical certificate must indicate that, starting from the date the certificate is sent to The Brick, a suspension of at least 1 month is required.
  3. The suspension is always for a fixed term and ends on the date specified in the medical certificate.
  4. Due to the suspension, the term of the agreement is extended by the duration of the suspension.

ARTICLE 10: RISK AND LIABILITY

  1. Participating in sports can involve risks. If you use our facilities, you must assess for yourself what you are capable of.
  2. The Brick excludes all liability toward its members or any third party, with the exception of (i) its potential liability toward its members for intent or gross negligence on the part of The Brick or its agents; and (ii) its potential liability in the event of death or bodily injury to its members resulting from an act or omission by The Brick.
  3. Each member is personally responsible for personal accidents and their personal belongings.
  4. The liability of The Brick or its agents/employees is in all cases limited to the amount paid out by its insurer.
  5. Neither The Brick nor its employees can be held responsible for the loss, damage, or theft of goods on The Brick’s premises.
  6. We do not provide active guidance from club staff. 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 resources at the club. However, you remain solely responsible for how you exercise and the choices you make in doing so. Use of the facilities is at your own risk. If you have any doubts about your physical condition, we recommend that you seek expert advice from a doctor or specialist to determine what is the right and feasible way for you to exercise.

ARTICLE 11: COMPLAINTS

We do our very best 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 that, but we would of course like to hear from you. You can first contact the host at our clubs and, if necessary, The Brick’s customer service, as described on the website (www.thebrick.be).

ARTICLE 12: PERSONAL DATA

  1. The Brick processes personal data in a proper and careful manner and inaccordance with its obligations under applicablelaws and regulations, including the General Data Protection Regulation (“GDPR”).
  2. The controller responsible for processing the member’s personal data is MateriaConcept Gyms, with its registered office at Waalsekaai 57a – 2000 Antwerp.
  3. If the member provides his/her personal data to The Brick, it will be included in The Brick’s database and processed: for the management of the customer database and the products and services offered, for conducting market research, to inform the member about new products and services, and for carrying out informational and promotional campaigns. Personal data will not be transferred to third parties, with the exception of companies affiliated with The Brick that are involved in the proper execution of the membership agreement. Under no circumstances may The Brick pass this data on to third parties for commercial purposes.
  4. Members may obtain a free written summary of their personal data and, if necessary, a correction of any inaccurate, incomplete, or irrelevant data by submitting a dated and signed request addressed to The Brick, accompanied by proof of the member’s identity (copy of an ID card). The Brick will provide the overview no later than 45 days after receiving the request.
  5. The Brick undertakes, within 30 days of the member’s request, to no longer use the member’s personal data to inform the member about new products and services, as well as for the implementation of informational and promotional campaigns.

ARTICLE 13: CHANGES TO PERSONAL INFORMATION

  1. Any changes to your personal information (such as your address or bank details) must be reported to customer service immediately.
  2. If you fail to report these changes and The Brick incurs costs to obtain your new personal information, these costs will be charged to the member.

ARTICLE 14: CONTACT INFORMATION FOR THE BRICK CUSTOMER SERVICE

You can find our customer service contact information at: www.thebrick.be, Address: Waalsekaai57a – 2000 Antwerp. For more information, please visit The Brick’s website: www.thebrick.be

ARTICLE 15: GOVERNING LAW AND DISPUTES

All issues, questions, and disputes regarding the validity, interpretation, enforcement, performance, or termination of these terms and conditions and all agreements entered into by or with The Brick shall be governed by and construed in accordance with the provisions of Belgian law and shall be resolved exclusively before the Justice of the Peace Court of the Fifth Canton in Antwerp.

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