Terms & Conditions
Last updated 2020.08.01

BE FIT AND SENSUAL MEMBERSHIP

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For existing members: The membership terms below will become effective from 01.08.2019.
For new members: The membership terms below are effective for memberships entered into from 29.04.2019.
Applies from 01.01.2020.
Last updated 01.08.2020.

1. GENERAL
The following terms and conditions are applicable between the person ("Member") and Be Fit And Sensual. These terms and conditions are an integral part of the Membership Agreement of Be Fit And Sensual’s membership area. A 14-days free trial applies for the monthly subscription, and membership can be canceled at any time from inside the membership area. There are no hidden fees and no cancellation fees. Late cancellations are not refunded. Read all details below.


2. Be Fit And Sensual - Dance Specific Training MEMBERSHIP
2.1. Dance Specific Training membership can be taken out by persons over the age of 15 who:
2.1.1. Are in generally good health and, in the opinion of Be Fit and Sensual, there is no obvious risk to the person's health and/or injury. If you are not sure, ask us before signing up.
2.1.2. Does not have any outstanding debt associated with Be Fit and Sensual.
2.1.3. Has not previously been banned from one or several Services provided by Be Fit And Sensual. 
2.1.4. Has not acted negligently in connection with a previous Be Fit And Sensual membership.
2.2. A person under the age of 18 may take out Be Fit And Sensual’s membership with the agreement of their parent or guardian. The parent or guardian will be legally responsible for the membership and will be liable for all payments associated with the membership.
2.3. The Member will be issued with a membership Login. The membership Login remains the property of Be Fit And Sensual and is for the personal use of the Member only. The Login may not be lent or transferred to a third party. On termination of membership, the Member is never to use login membership again without undue delay. 
2.4. A photo could be saved of the Member at first registration.
2.5. Membership is valid from the date of registration. 
2.6. Membership with Be Fit And Sensual is a continuing agreement, irrespective of the binding period. At the end of the binding period (if there is one), membership shall continue until membership is ended, in accordance with chapter 7. Cash memberships are paid in advance for minimum 12 weeks at a time and will be terminated without notice when the period is over. Prepaid memberships in any form are not refundable.
2.7. Membership is personal and may not be transferred or used by anyone other than the Member.
2.8. Membership gives the member the right to use the membership platform at any point and place around the world. 
2.9. Prohibited use You may not use the Website for any of the following purposes: in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
2.10. When changing membership level, Members with a membership that Be Fit And Sensual no longer offer, will be transferred to the current membership structure available at that time, unless Be Fit And Sensual offer any different.
2.11. Be Fit And Sensual’s membership area can sometimes be closed or open with reduced services in connection with public holidays, maintenance work or Force Majeure.
2.12. At live sessions with Be Fit And Sensual cameras can sometimes be used for material collection. Be Fit And Sensual reserves all rights to these materials
2.13. Discounts
2.14. Students can take advantage of student discount rate available at the time when taking out membership if such discounts are available at the time. The student discount is subject to present a valid Student ID at the time of joining and then every year the discount is claimed. Student discounts are available up to the age of 30. When the Member reaches the age of 31, the student discount will no longer be available, even if the Member still has a valid Student ID. When the terms and conditions for the student discount are no longer met, the monthly membership fee will be adjusted to the current standard price. Membership will then continue until further notice or until the Member gives notice to terminate.

2.15. Company
2.16. Standard company agreement 
Members who are registered via a standard company agreement are entitled to the discount rate in accordance with the specific agreement between Be Fit And Sensual and the company of which the Member is an employee. The Member must document annually that the employment is still in effect. Members are obliged to notify Be Fit And Sensual if they are no longer an employee of that company. If the standard company agreement terms and conditions no longer apply, the monthly membership fee will revert to the current standard price. Membership will then continue until the Member gives notice to terminate this.
2.16.1. Subsidised company agreement
For members who are registered via a subsidized company agreement, the company will pay in advance for 12 months at a time or on an ongoing basis throughout the term of the agreement. In cases where the Member must pay a part of the membership fee, this is to be paid on an ongoing basis throughout the term of the agreement. The company is obliged to notify Be Fit And Sensual if the member is no longer an employee of the company. Within one (1) month of receipt of such notification, Be Fit And Sensual will notify the member that the terms and conditions of a subsidized company agreement are no longer available, whereupon the Member must confirm if the Member wants to change or cancel membership provided by Be Fit And Sensual. The Member will in that case be liable for monthly membership fees, and the membership fee will revert to the current standard price. Membership will then continue until the Member gives the notice to terminate.

2.16.2. Senior citizens. Persons aged 65 or above, will be offered the relevant discount rate when applying for membership.
2.16.2.1.Membership for persons under the age of 18. 
2.16.2.2. Persons 11-14 years of age. 
Persons from 11 to 14 years of age will be offered the relevant discount rate when joining. From the age of 15, the monthly membership fee will increase in line with the terms and conditions that apply for members aged 15-17, see clause 
2.16.3. Persons 15-17 years of age. Persons from 15 to 17 years of age will be offered the relevant discount rate when joining. From the age of 18, the monthly membership fee will increase to the current standard price. Membership will then continue until the Member gives the notice to terminate.
3. MEMBERSHIP PAYMENT
3.1. Members pay a monthly fee, and any other fees in accordance with Be Fit And Sensual’s applicable prices. The same applies to the parent or guardian or another person with legal liability for the membership in accordance with the Membership Agreement.
3.1.1. The membership Login can be used as legal currency for the purchase of goods or services. The membership Login is personal, and the Member is responsible for preventing misuse. Purchases will be billed automatically in arrears together with the membership fee.
3.2. The monthly fee is payable at the time agreed on a rolling basis, and in exceptional cases on joining, where specific terms and conditions apply. Cash membership are paid in advance for 12 weeks at a time. The Member may not change payment method during the binding period. Members are liable for ensuring that membership fees are paid on time.
3.3. When using an automatic payment service, the Member is liable for providing necessary and correct information. Member must at all times ensure that the payment is performed by the due date.
3.4. If the member does not pay by the due date, regardless of the payment method, a debt collection notice will be issued with a new due date. In the event of late payment, Be Fit And Sensual has the right to claim costs and interest in accordance with the debt collection act, the interest act, and other applicable legislation.
3.5. If the Member has otherwise defaulted on payment and receives a payment reminder, debt collection notification or debt collection demand from an external debt collection agency, the payment details stated in the invoice from the external debt collection agency is to be used for payment.
3.6. The Member shall have a price guarantee for their monthly membership fee during the binding period. Be Fit And Sensual is not entitled to change the membership fee until the end of the binding period, unless the Member wishes to change their current membership. In cases where the Member has a special discount from Be Fit And Sensual and the discount ceases to apply at a time when the Member is still subject to the binding period, Be Fit And Sensual has the unilateral right to increase the monthly membership fee to the standard price.
3.7. The Member is not required to pay a monthly membership fee if: 
3.7.1. Membership is frozen in accordance with chapter 7. 
3.7.2. Be Fit And Sensual has terminated the Membership Agreement with immediate effect in accordance with clause 7.7. 
4. MEMBER RESPONSIBILITIES
4.1. The Member undertakes to: 
4.1.1. Familiarise themselves with the Be Fit And Sensual’s Safety Rules and Code of Conduct (general) and other Safety Rules and Codes of Conduct (child care).
4.1.2. Members shall notify Be Fit And Sensual of any change of contact details/payment information, including change of name, address, email address, phone number, account number and any other relevant information. Such notification is to be given without undue delay.
4.1.3. We are not medical practitioners or registered dietitians. We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner and/or registered dietitian first.
We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
You acknowledge that when participating in any exercise or exercise program that there is the possibility of physical injury.
4.1.4. Inform Be Fit And Sensual of any change of circumstances whereby the Member is no longer entitled to a specific discount scheme. Notification is to be given without undue delay.
4.1.5. Be Fit And Sensual has the right to ask the Member to show ID and valid proof that the member is the one using the service
4.2. Be Fit And Sensual is to be notified of any loss of a membership Login details as soon as possible. Be Fit And Sensual will then block the Login and issue a new membership. When issued with a new membership Login, the Member undertakes to pay an administration fee, in accordance with the relevant prices.
4.3. The Member is responsible for keeping the membership Login safe and preventing it being used by anyone else. Be Fit And Sensual is to be notified of any suspected misuse as soon as possible.
4.4. The Member can access Be Fit And Sensual digital services via their “personal profile”. The Member must not give other physical or legal persons access to these services by sharing their login details etc.
5. PERSONAL INFORMATION, MARKETING AND COMMUNICATIONS
5.1. Be Fit And Sensual shall, at all times, treat the Member´s personal data with respect.
5.2. The Member consents to that Be Fit And Sensual and other companies that are part of the same Group, registering, storing and using such personal data (name, national ID number, address, email address, phone number, photograph, payment details, users data and similar) and on the Member's use of Be Fit And Sensual’s services, in order to manage their membership account, including data about services from Be Fit And Sensual. The data protection officer responsible for the data is Be Fit And Sensual, represented by the CEO. 
The Member agrees that Be Fit And Sensual’s can save training history data in order to be able to monitor Member activities and facilitate Member training. The Member can also add their own training data which will be stored in a similar way. Here, training history data, session or other activity, and whether the Member has canceled their booking. 
5.3. The Member can withdraw consent to their training history and request that such be deleted. Be Fit And Sensual will confirm receipt of notification in respect of deletion. 
5.4. “Video/Photo captures” in relation to Be Fit And Sensual’s services, in accordance with clause 2.15. Such surveillance is to prevent/investigate dubble activity and ensure the safety and security of all members. “Video/Photo captures” and the processing of related data will be in compliance with relevant legislation.
5.5. Information will not be disclosed to any third party without the written consent of the Member, unless such is pursuant to legal inquiries, payment collections, insurance claims or for accounting purposes.
5.6. By entering into the Membership Agreement, the Member consents to Be Fit And Sensual using any form of communication with the Member, including electronic communications (Email, SMS, MMS, Phone, WhatsApp Direct calls etc.), to inform the Member about and/or promotions and other offers available. The Member may withdraw their consent to receive marketing inquiries by contacting Be Fit And Sensual via email at contact@befitandsensual.com. The Member can manage marketing preferences based on consent via email to Be Fit And Sensual. The Member may not refuse to receive communications concerning a change to the Membership Agreement, initial inquiries regarding training safety (PT Start) or other important information associated with membership.
5.7. The consent from the Member, as stated above, shall be valid for the length of the Membership Agreement and for a period of six (6) months after termination of the Membership Agreement. This enables Be Fit And Sensual to give the Member the benefits of having been a member of Be Fit And Sensual.
5.8. General information from Be Fit And Sensual about the membership will primarily be sent to the email address, phone, or home address provided by the Member.

5.9 Intellectual property and acceptable use by providing any content for distribution by us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.
6. MEMBERSHIP FREEZE
6.1. The Member can apply to freeze their Be Fit And Sensual membership. “Freeze” means temporarily stopping the membership for a time-limited period. 
6.2. The terms and conditions for freezing membership can be received through email at request.
6.3. The application to freeze Membership is made through email or phone call. 
6.4. In the event the Member is still in the binding period, this period will be extended by the number of days specified in the freeze period that is granted.
6.5. The Member is not liable to pay membership fees during the freeze period, see clause 3.7.1. Payment-free periods and freeze periods will not necessarily coincide for invoicing reasons.
6.6. At the end of the freeze period, membership shall continue on the terms and conditions in the Membership Agreement. If the Member terminates the membership during the freezing period, one (1) month notice period will apply after the termination of the freezing period. The termination will take effect after the expiry of the following month.
6.7. If applying for a further freeze period, the Member must submit a new application form for the freeze period requested. For an extension of the freeze period, the application must be submitted before the end of the freeze period. 
6.8. In confirming a membership freeze, Be Fit And Sensual may require the Member to pay a reasonable administration fee in accordance with Be Fit And Sensual’s applicable prices.
7. TERMINATION AND MODIFICATION OF THE MEMBERSHIP AGREEMENT

7.1. The Member has the right to terminate the Membership Agreement (right to cancellation) by notifying Be Fit And Sensual within 14 days of the signing of the Membership Agreement, cf. the distance and doorstep sales act § 20. The Member can use the cancellation policy through email and phone call. The right to cancellation applies only if the membership is entered into Be Fit And Sensual’s membership area and cancel through correct means which are email (contact@befitandsensual.com) or phone call. When using the right to cancellation, prepaid fees will be refunded. The Member is required to document that the right to cancel has been exercised in accordance with applicable legislation.
7.1.1. Membership may be terminated at any time after the end of the binding period(if there is one). At the end of the binding period, the membership turns into an ongoing agreement in accordance to clause 2.6. The notice period is one (1) month, and termination will take effect at the end of the following month.
7.2. When downgrading additional services, a notice period of one (1) month applies. Downgrades take effect at the end of the following month, in accordance with clause 2.11.
7.2.1.Notice to terminate membership can be done by email or phone. Alternatively, the Member or the parent or guardian can give the notice to Be Fit And Sensual in person. Be Fit And Sensual will confirm, by email or letter, that notice to terminate has been received. The Member must be able to document that notice to terminate has been given. 
7.3. In certain cases, the Member can apply to terminate membership even within the binding period. In which case, the Member must be able to document that specific unforeseen circumstances have arisen that were beyond their control. In addition, such specific circumstances must be the reason why the Member cannot use their membership. An application for termination must be submitted in writing and sent to Be Fit And Sensual without undue delay after the circumstances have arisen. Be Fit And Sensual will process such an application within a reasonable time and no later than within three (4) weeks after receipt.

7.4. If Be Fit And Sensual and the Member jointly agree that continued exercise constitutes a significant risk of adverse effects in respect of the Member's health, the Membership Agreement will be terminated. Be Fit And Sensual may require a written statement from a healthcare provider confirming it accepts liability for stating the Member is able to train at Be Fit And Sensual. In the event of termination, the Member will be credited any pre-paid portion of the membership fee which means it can be used for any of Be Fit And Sensual’s other services or products (not including, merch and supplements).

7.5. Be Fit And Sensual has the right to amend membership fees, other fees and terms and conditions.
 7.6. When amending membership fees, Be Fit And Sensual reserves the right to an annual price adjustment in respect of ongoing agreements based on the consumer price index, without prior notification. In the event of other price changes, Be Fit And Sensual is to provide at least one (1) months’ notice in advance by email/SMS. The price change will take effect one (1) month after the notification has been sent, calculated from the first month of change. 

7.6.1. Be Fit And Sensual reserves the right to transfer the Membership Agreement to another company, and to transfer any automatic payment details entered into in this regard. In the event of such changes, Be Fit And Sensual will provide at least one (1) months’ notice in advance by email/SMS. The change will take effect one (1) month after notification has been sent, calculated from the first month of change.
7.6.2. Be Fit And Sensual reserves the right, without prior notification, to make changes to terms and conditions, where these changes are not in accordance with clauses 7.6.1 and 7.6.2 or fall within clause 7.6.3. 
7.6.3. In the event Be Fit And Sensual makes substantial changes that negatively affect the Member, the Member has the right to terminate the Membership Agreement. This can be done even if the binding period for the Membership Agreement has not expired. In the event of such changes, Be Fit And Sensual is to provide at least one (1) months’ notice in advance by email/SMS. The change shall take effect one (1) month after the notification has been sent, calculated from the first month of change.
7.6.4. Specific termination in accordance with clause 7.6.4 must be made by notifying Be Fit And Sensual no later than fourteen (14) days before the change(s) is/are implemented. This is subject to the Member being notified of the change(s) no later than one (1) month before the change(s) was/were implemented. The Member must be able to document that notice to terminate has been given.
7.6.5. In the event of termination in accordance with clause 7.6.4, the Membership Agreement will be terminated with effect from the date the change(s) is/are implemented. The Member is to receive written confirmation from Be Fit And Sensual via email or letter.
7.7. Be Fit And Sensual has the right to block membership for a certain period of time or terminate the Membership Agreement with immediate effect if the member is in material breach of the membership terms and conditions. A material breach includes:
7.7.1. Failure to pay the monthly membership fee and other fees, despite a debt collection notice or any other way of reminder.
7.7.2. Breaches of Member obligations in accordance with chapter 4 which are not inconsiderable, including the Member fails to comply with a written or verbal warning from any of Be Fit And Sensual’s channels of communication.

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