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Drafting general terms and conditions for gyms and personal trainers involves defining the fixed risks of a fitness business one by one: contract duration and termination under the Wet van Dam, membership fee collection, the health declaration, liability for injury, house rules, and the policy regarding membership freezes. The goal is not to include as many clauses as possible, but to cover precisely those topics where gyms clash with members in practice. Below, we will review the mandatory components, along with the pitfalls that invalidate a clause.
The short answer
- Contract duration and termination: first term plus monthly termination in accordance with the Wet van Dam.
- Membership fee: amount, collection date, cancellation and reminder fees.
- Health declaration and liability: member responsibility versus gym's duty of care.
- Freeze: when and for how long a member can pause.
- House rules: behavior, hygiene, denial of entry.
- Hand over: ensure that the member receives them upon registration.
Contract duration and termination: the Van Dam Act as the core
When drafting general terms and conditions for gyms and personal trainers, this is the part that goes wrong most often. For consumer members, the Van Dam Act applies: you may agree on an initial contract duration (for example, twelve months), but thereafter, the member must be able to cancel monthly with a maximum notice period of one month. A clause that tacitly renews the subscription for another full year is invalid.
Therefore, specify: the initial contract duration, that the subscription continues indefinitely thereafter, and the one-month notice period. Also state how cancellation can be made (in writing or by email) — you may not make cancellation more difficult than signing up.
Membership fees and collection
Most payment disputes arise from unclear collection rules. Include:
- Amount and frequency: monthly, quarterly, or annual fee.
- Collection date: the day on which the automatic debit takes place.
- Cancellation: what happens in the event of a failed direct debit, and what reminder fees follow.
- Price change: that you may adjust rates, with prior notice. A unilateral price change clause for consumers is subject to limits — give members the option to cancel in the event of a substantial increase.
- Default: that access may be blocked in the event of payment arrears.
Health declaration and liability for injury
Participating in sports carries a risk of injury. Two clauses belong together here. The health declaration: the member declares that there are no medical objections to intensive exercise and consults a doctor in case of doubt. The liability arrangement: you limit your liability for damages, but take legal limits into account.
What is possible: limiting liability to situations where the gym itself falls short (for example, defective equipment or a lack of supervision) and capping the amount. What is not possible: excluding liability for intent or willful recklessness, or a complete exclusion of all personal injury damages deemed unreasonably burdensome. Your duty of care regarding safe equipment and proper instruction always remains.
House Rules
House rules can be included in the terms and conditions themselves or as an appendix. It is important that you declare them applicable and that violations will have consequences. Consider:
- Hygiene (towel required, clean equipment after use).
- Behavior and interaction with other members and staff.
- Use of equipment and group classes.
- The authority to deny access or terminate membership in the event of a serious or repeated violation.
Freezing of the subscription
A policy freeze prevents many disputes. Establish when a member can temporarily pause their subscription — usually in the event of a long-term injury or illness — and under what conditions: minimum duration, maximum period, and whether a medical certificate is required. Also determine whether the term is extended by the freeze period. Without a clear arrangement, negotiations arise on a case-by-case basis.
Hand over: otherwise voidable
A perfect set of terms and conditions is worthless if the member never received them. Provide them before or upon registration: for online registration, a tickable link to the full text; at the counter, a copy or an email with the terms and conditions attached. Keep the proof. If you fail to do so, a consumer member may invalidate the terms and conditions (Articles 6:233-234 of the Dutch Civil Code), and only the statutory rules will apply.
Brief practical example
A personal training studio with its own gym includes a liability clause excluding “any form of personal injury.” When a member is injured by a loose cable from a piece of equipment, the studio invokes this clause. The judge rules it unreasonably burdensome: in the event of a defective piece of equipment, the studio fails in its duty of care. A nuanced clause with a liability ceiling would have held up.
Honest recommendation
For a simple studio with monthly subscriptions and no annual contracts, you can draft a usable set using a solid template and common sense; you do not need a lawyer for every adjustment. However, do have the text legally reviewed during the setup, especially if you work with annual contracts, policy freezes, injury risks, or price changes—these are precisely the clauses that fail before the arbitration committee. One invalid cancellation or liability clause affects all your members simultaneously.
Read more: what are general terms and conditions for gyms and personal trainers, having general terms and conditions for gyms and personal trainers drawn up , and the general terms and conditions for gyms and personal trainers.
Frequently Asked Questions
Contract duration and termination (Van Dam Act), membership fees and collection, health declaration, liability for injury, house rules, and a membership freeze. Plus a provision that the terms and conditions are provided upon registration. These are the topics over which gyms clash most frequently in practice.
Agree on an initial contract duration (for example, twelve months), let the subscription continue indefinitely thereafter, and set a notice period of no more than one month. Automatic renewal for another year is invalid. Do not make cancellation more difficult than signing up.
Yes, provided you include a price change clause and announce the increase in advance. There are limits for consumers: in the event of a substantial increase, you must give the member the option to cancel. An unlimited unilateral price change clause is unreasonably burdensome.
Combine a health declaration with a nuanced liability clause. You can limit your liability and cap the amount, but not exclude it for intent or willful recklessness. A complete exclusion of all personal injury damages will not hold up; your duty of care regarding equipment and supervision remains.
It is not mandatory, but it prevents a lot of discussion. Stipulate when a member can pause their membership (usually in the event of a long-term injury or illness), for how long, whether a medical certificate is required, and whether the term is extended. Without an arrangement, you negotiate on a case-by-case basis.
Provide them before or upon registration: a tickable link online, a copy at the counter, or by email. Keep the proof. If you fail to do so, a consumer member may invalidate the terms and conditions, and only the statutory rules will apply.
For individual members (consumers), yes. If you also enter into corporate fitness contracts with employers, a separate business set is advisable: those clients are not covered by consumer protection, and you can apply stricter terms.
