TERMS AND CONDITIONS

1. Definitions

Fuerza Studios is a sole proprietorship located in Cuijk. We are registered in the trade register of the Chamber of Commerce under number 82698341. We are the controllers of your personal data.

2. Application

2.1 These General Terms and Conditions apply to all legal relationships between the lessor
and the other party, including quotations, order confirmations and oral or written agreements, even after termination of an agreement, unless the parties have expressly deviated from these conditions in writing.
2.2 In addition, the conditions apply to the actions of third parties engaged by the lessor in the context of the assignment.
2.3 If one or more provisions in these general terms and conditions are declared null and void in whole or in part or are annulled, the rest of the general terms and conditions will remain fully applicable. The last variant sent remains applicable.
2.4 The applicability of the tenant’s general terms and conditions is expressly rejected.

3. Offer and quotation

3.1 If the offer does not have an acceptance period, the offer will expire after 30 days.
3.2 The lessor cannot be held to its quotation if the tenant could reasonably understand that the quotation or part thereof contains an obvious mistake or typo.
3.3 Previously issued quotations do not automatically apply to follow-up orders.
3.4 A booking made is only valid if it is placed via the designated system.
3.5 Necessary costs and/or additional work must be reimbursed by the tenant.

4. Rates and payments

4.1 Payment must be made immediately according to the designated system. The booking will only be honored once payment has been made in full, unless the parties have expressly agreed otherwise in writing in advance. The reservation for a date is only final after full payment.
4.2 The agreement is entered into for a fixed period, unless expressly agreed otherwise in writing in advance.
4.3 If the tenant needs more time than agreed in advance, the tenant must book additional hours. This is only possible if no other reservation has already been made for the additional desired time period. The landlord cannot guarantee this.
4.4 The landlord has the right to adjust the fees stated on the website at any time. The adjusted rates will be communicated to the tenant as soon as possible.
4.5 If the tenant is in default or has otherwise failed to fulfill one or more of his obligations, all costs incurred by the landlord to obtain satisfaction in and out of court will be borne by the tenant.

5. Tenant obligations

5.1 All information relevant to the execution of the assignment will be made available to the landlord in a timely manner by the tenant.
5.2 The tenant guarantees the accuracy, completeness and reliability of the data made available, even when it comes from third parties. The landlord is obliged to treat the data confidentially.
5.3 The tenant will indemnify the landlord for any damage resulting from failure to comply with the provisions of the first paragraph of this article.
5.4 When the room is vacated and when the landlord is not present, the doors must be closed
time to be closed by the tenant. Guests may not be present in the building without the tenant’s supervision.
5.5 The tenant is obliged to adhere to the applicable house rules.

6. Execution of the agreement

6.1 The assignment will be carried out by the rented party to the best of its knowledge and ability. The landlord is not liable for the result that the tenant intended.
6.2 Fuerza Studios is located in the ‘De Wasserij’ building, on the second floor. There is no elevator and therefore the studio is (unfortunately) not wheelchair friendly. There is no doorbell.
6.3 The tenant is responsible for receiving the guests who are worked with during the time slot. The landlord is only present at the beginning and end of the time slot to receive and lock up the tenant.
6.4 Groups of a maximum of 15 people are allowed in the studio at the same time, unless otherwise agreed in advance.
6.5 During the block, the tenant will receive the keys from the landlord. It is forbidden for the tenant to provide the keys to third parties. Immediately after the rented period, the tenant must return the key to the landlord in the agreed manner.
6.6 It is strictly prohibited to use flammable items or items that could lead to damage or pollution of the room. Smoking in the building is also not permitted.

6.7 It is not permitted to use the space for pornographic expressions.
6.8 Children may enter the room under the tenant’s own responsibility. If they cause damage, the damage will be borne by the tenant. Pets are not allowed.
6.9 Coffee and tea are included in the rental price. The use of glasses too. A refrigerator is available, but the tenant is responsible for the desired food and drinks.
6.10 The tenant is responsible for leaving the room clean and turning off the lights after the rental period. If the room is not left clean, the landlord is entitled to pass on the cleaning costs to the tenant.
6.11 If this article is violated, the lessor is entitled to charge a fine equal to the rental costs, unless the costs associated with the violation exceed this amount.

7. Reservation

7.1 The smallest reservation option is a half day of 4 hours (09:00-13:00 or 13:00-17:00). Exceptionally, the space can be rented for 2 hours or other times.
7.2 The tenant takes into account any desired preparation and possible extension of a session when making the reservation. In case of overruns, an additional charge of 50 euros excl. VAT will be charged per half hour.

8. Cancellation and force majeure

8.1 The landlord has the right to refuse a booking.
8.2 In the event of force majeure, the lessor is entitled to interrupt, cancel or move the agreement. Force majeure occurs, among other things, if the execution of the agreement is prevented by circumstances over which the lessor has no reasonable influence, such as fire or accidents.
8.3 If the tenant wishes to cancel the agreement, this can be done up to 72 hours before the reserved time, whereby the tenant has the option to reschedule the reservation free of charge or transfer it to someone else. If the tenant wishes to reschedule the booking within 72 hours, the landlord will charge 50% of the original booking costs, on top of the new booking costs. If you cancel or reschedule the original reservation within 24 hours, 100% of the original booking costs will be charged.
8.4 In the event of force majeure, the parties can interrupt or move the agreement. Force majeure occurs, among other things, if the performance is prevented by circumstances over which the parties cannot reasonably influence, such as illness, accidents, fire, a pandemic or government measures.
8.5 In the case of a B2B agreement, the parties are obliged to relocate the work. The payment obligation remains in force, unless otherwise agreed.
8.6 If the tenant wants to move the agreement due to a pandemic, but government measures do not make continuation of the agreement impossible, whether or not in an adapted form, the landlord is entitled to charge the costs associated with the relocation.

9. Liability for damage

9.1 The landlord is not liable for damage resulting from this agreement, unless the damage was caused intentionally or with gross negligence. Access to the property is in principle at the landlord’s own risk.
9.2 The lessor is not liable for damage caused by relying on information provided by the landlord
tenant has provided incorrectly or incompletely.
9.3 The lessor is not responsible for actions and actions caused by suppliers, including any delays.
9.4 The landlord is not responsible for loss, theft or damage to personal property within the property.
9.5 The landlord cannot be held liable for the non-functioning of network connections or equipment in the building.
9.6 The tenant is responsible for exceeding the agreed time frame, see article 7.2.
9.7 The tenant is fully responsible for the behavior and associated consequences of the guests he brings along.
9.8 The tenant must have valid third party liability insurance.
9.9 If the tenant causes damage to material, the tenant is obliged to pay the replacement value
reimburse.
9.10 If the landlord owes the tenant compensation for causing direct damage, the damage will not exceed the amount paid out by the liability insurance, or if payment is not made, the amount charged by the landlord to the tenant, unless reasonableness and fairness requires otherwise.
9.11 The tenant indemnifies the landlord against all claims from third parties related to the services provided by the landlord.

10. Intellectual Property

10.1 The intellectual property rights to the materials and information made available by the landlord to the tenant belong to the landlord.
The tenant is expressly not permitted to reproduce, publish or make available to third parties the material and the documentation and information provided without prior permission.
10.2 By entering into the agreement, the tenant gives the landlord permission to use images and brand names for their portfolio, own website, advertisements, social media, magazine articles, printed matter, exhibition material, demonstration material, unless express objection is made in advance. If personal data is visible on this material, a consent form will be used.

11. Special provisions

11.1 Both parties are obliged to maintain confidentiality of all confidential information obtained in the context of their agreement. The tenant is referred to for more information about this
privacy declaration.
11.2 The landlord is obliged to exclude from the property tenants or guests who do not comply with the house rules and thereby cause nuisance, as mentioned in previous articles.

12. Complaints

12.1 The tenant is obliged to report complaints about the services provided and/or invoices to the landlord within 7 calendar days after the complaint arose.
12.2 Submitting a complaint does not suspend the payment obligation.

13. Dispute Resolution

13.1 Dutch law applies to these general terms and conditions.
13.2 Parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
13.3 All disputes will be settled by the competent court in the district in which the landlord is located, unless a legal obligation provides otherwise.
13.4 Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the landlord and third parties involved is 12 months.