Terms of Service

Acceptance of Terms

By accessing and using the services provided by cobaltshift B.V. ("cobaltshift", "we", "us", or "our"), including our website, gym facilities, and related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and cobaltshift B.V., a company registered in the Netherlands (Registration Number: NL64160529, VAT Number: NL006416052B01) with its registered office at Parkweg 54, 4812 OC Breda, North Brabant, Netherlands.

Description of Services

cobaltshift operates as a premium gym franchise providing fitness and wellness services including:

• Access to gym facilities and equipment
• Personal training services and fitness consultations
• Group fitness classes and wellness programmes
• Nutrition guidance and lifestyle coaching
• Online booking and member management systems
• Additional wellness services as may be offered from time to time

Membership and Registration

To access our facilities and services, you must register for a membership and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Membership Requirements

• You must be at least 18 years of age or have parental consent
• You must complete a health and fitness assessment
• You must provide valid identification and contact information
• You must agree to our health and safety policies

Membership Types and Fees

Membership fees, payment schedules, and terms vary by membership type. All fees are subject to change with 30 days' written notice. Membership fees are non-refundable except as specifically provided in these Terms or required by law.

User Obligations and Conduct

As a member or user of cobaltshift services, you agree to:

Facility Usage

• Follow all posted rules, regulations, and safety guidelines
• Use equipment properly and return it to designated areas
• Maintain appropriate hygiene and dress standards
• Respect other members, staff, and the facility environment
• Not engage in disruptive, dangerous, or inappropriate behaviour

Prohibited Activities

• Using facilities under the influence of alcohol or illegal substances
• Bringing unauthorised guests or transferring membership access
• Recording, photographing, or filming without express permission
• Soliciting, selling, or conducting business on the premises
• Damaging or misusing equipment, facilities, or property
• Harassing, intimidating, or discriminating against others

Health and Safety

Your health and safety are paramount. By using our services, you acknowledge and agree that:

• You are physically capable of participating in fitness activities
• You will consult healthcare professionals before beginning any fitness programme
• You will inform staff of any health conditions or limitations
• You participate in activities at your own risk and within your abilities
• You will follow all safety instructions and use equipment as directed
• You will report any injuries, incidents, or safety concerns immediately

Intellectual Property

All content, materials, and intellectual property associated with cobaltshift, including but not limited to trademarks, logos, website content, training programmes, and proprietary methodologies, are owned by or licensed to cobaltshift B.V.

Permitted Use

You may use our intellectual property solely for your personal, non-commercial use in connection with your membership. You may not:

• Copy, reproduce, or distribute our content without permission
• Use our trademarks, logos, or branding for commercial purposes
• Reverse engineer or attempt to extract proprietary information
• Create derivative works based on our intellectual property
• Remove or alter any copyright, trademark, or proprietary notices

Privacy and Data Protection

We collect, use, and protect your personal information in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR). By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

For detailed information about our data practices, please review our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, cobaltshift B.V., its directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of our services, including but not limited to:

• Personal injury, illness, or death resulting from fitness activities
• Loss or damage to personal property
• Interruption or unavailability of services
• Errors or omissions in content or advice provided
• Actions or omissions of other members or third parties

Maximum Liability

In no event shall our total liability to you exceed the amount you have paid to cobaltshift in the 12 months preceding the incident giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless cobaltshift B.V. and its affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to your use of our services, violation of these Terms, or violation of any rights of another party.

Termination

Termination by You

You may terminate your membership at any time by providing written notice according to your membership agreement terms. Termination does not relieve you of obligations to pay any outstanding fees or charges.

Termination by cobaltshift

We may terminate or suspend your membership immediately without notice if you:

• Violate these Terms or our facility policies
• Fail to pay membership fees when due
• Engage in conduct that endangers others or disrupts operations
• Provide false or misleading information
• Use our services for unlawful purposes

Effect of Termination

Upon termination, your right to use our facilities and services ceases immediately. Provisions of these Terms that by their nature should survive termination shall remain in effect.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through our website, email, or other appropriate means. Your continued use of our services after such notice constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you may terminate your membership in accordance with the termination provisions outlined above.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands.

If you are a consumer resident in the European Union, you may also have the right to bring proceedings in the courts of your country of residence.

Dispute Resolution

We encourage you to contact us directly to resolve any concerns or disputes. If you have a complaint or dispute, please contact us at:

• Email: legal@cobaltshift.top
• Phone: +31 765677337
• Address: cobaltshift B.V., Parkweg 54, 4812 OC Breda, Netherlands

For consumer disputes, you may also have access to online dispute resolution platforms provided by the European Commission.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and cobaltshift regarding your use of our services and supersede all prior agreements and understandings.