Terms and Conditions

Contents

A. GENERAL TERMS & CONDITIONS

B. PRE-SALE TERMS & CONDITIONS

Stretch and Fold Studio
A. GENERAL TERMS & CONDITIONS

01 May 2024 | Amsterdam

1. DEFINITIONS

  1. Terms and Conditions: the general terms and conditions used by Stretch and Fold Studio, which have been published at www.stretchandfold.nl.

  2. Stretch and Fold BV: has its official seat at Papaverhof 71C, Amsterdam and is listed in the Trade Register under number 92978363 as Stretch and Fold BV.

  3. SF: Abbreviation for Stretch and Fold BV.

  4. Website: the website of Stretch and Fold: www.stretchandfold.nl

  5. Teacher: the yoga teacher who has been contracted by SF to teach yoga classes at  SF.

  6. Student: a person who attends and/or wishes to attend yoga classes at SF.

  7. Participant: a person who attends and/or wishes to attend Workshops by SF.

  8. Member: a Student who has an active Membership as referred to in Clause 3. The Membership entitles the Student to designated discounts, Credit packages, sauna passes and / or other privileges at SF.

  9. Membership: a Weekly Membership, Movement Membership, Unlimited Membership, or Unlimited Yearly Membership as referred to in Clause 3.

  10. Credit: A SF pass purchased which can be redeemed for either a booked movement class or sauna session. 

  11. Credit package: a 1 Credit, 5 Credit, or 10 Credit package which can be redeemed for movement classes and sauna sessions within a defined time period from the date of purchase. 

  12. Introduction Offer: a 5 Credit package, as referred to in Clause 5.

  13. Giftcard: a voucher that can be exchanged for a specific product, as referred to in Clause 7.

  14. Price: the total price of a Membership, Credit package, Introduction Offer or Workshop, which has to be paid by the Student upon participation and is non refundable.]

2. SCOPE OF APPLICATION

  1. The General Terms and Conditions apply to, where applicable, all Memberships, Credit packages, the Introduction Offer, and Workshops.

  2. By purchasing any product of SF or participating in a yoga class or Workshop at SF, the Student or Participant agrees to the applicability of these General Terms and Conditions.

  3. SF may from time to time unilaterally amend these General Terms and Conditions. The most recent version of the Terms and Conditions is always the version that is applicable and is always available on the Website.  

3. MEMBERSHIPS

Weekly Membership, Movement Membership, Unlimited Membership, and Unlimited Yearly Membership

SF offers the following possibilities of attending movement classes as a Member at SF:

  1. The Weekly Membership entitles the Member to four (4) yoga classes per month during the term of the Membership.

  2. The Movement Membership entitle the Member to an unlimited number of yoga classes during the term of the Membership, as well as one booked sauna session per month. 

  3. Both Unlimited Memberships entitle the Member to an unlimited number of yoga classes and sauna sessions during the term of the Membership.

  4. The minimum Membership term for the Weekly, Movement, and Unlimited Memberships is three (3) months. After the third month, these Memberships are tacitly converted into a continuing agreement for an indefinite period.

  5. The minimum Membership term for the Unlimited Yearly Membership is one calendar year. 

  6. One can switch Memberships when the minimum term of the current Membership has expired.

  7. All Memberships entitle the Member to receive a 10% discount on all items in the Stretch and Fold Cafe.

  8. Both Unlimited Memberships entitle the Member to receive a 10% discount in the Stretch and Fold shop. 

  9. The Membership commences on the agreed starting date and once the first payment is made by IDEAL, SEPA, Sofort or Credit Card. The next monthly cycles will be paid by credit card or direct debit (SEPA), until termination.

  10. After the minimum term of three (3) months, the Weekly Membership and Monthly Membership may be terminated every month.

  11. A Membership must be cancelled prior to the individual renewal date in order to end Membership charges. Cancellation of a Membership must be done by sending an email to tash@stretchandfold.nl. SF will not reimburse the Member for the remainder of any paid subscription period, nor will reimbursements be made for Membership cancellations prior to any renewal date.

  12. All Memberships may be put on hold for a minimum of two weeks. This may be done by sending an email to tash@stretchandfold.nl at least one (1) day prior to the requested starting date of the pause. This can not be done with retroactive effect.

  13. A Member is allowed to invite three (3) guests per year to attend a class at the SF studio on their Membership. Weekly Members pay one (1) credit per guest. For all other Members this is included in their Membership.

  14. A Membership can not be commenced by, shared with or transferred to another Student than the initial owner of the Membership. In the case this does happen the Membership will be suspended without refund of the paid fees.

  15. A Member may use any Membership only in the event of payment by credit card or direct debit (SEPA).

  16. A Membership commences when SF has received the Membership Fee from the Member. 

4. CLASS PASSES

  1 Credit package, 5 Credit package, 10 Credit package

SF offers the following possibilities of attending yoga classes without a Membership at SF:

  1. The 1 Credit package entitles the Student to attend one (1) yoga class or sauna session. 

  2. The 1 Credit package is valid for one (1) month from the date of purchase. 

  3. The 5 Credit package entitles the Student to attend five (5) yoga classes or sauna sessions. The Student may choose a combination of yoga classes and sauna sessions. 

  4. The 5 credits must be used within three (3) months from the first visit. After that period, this right lapses. In case there has been no first visit within three (3) months the 5 Credit package automatically expires.

  5. The 10 Credit package entitles the Student to attend ten (10) yoga classes or sauna sessions. The Student may choose a combination of yoga classes and sauna sessions. 

  6. The 10 credits must be used within three (3) months from the first visit. After that period, this right lapses. In case there has been no first visit within three (3) months the 10 Credit package automatically expires.

  7. Credit packages can not be commenced by, shared with or transferred to another Student than the initial owner of the Credit package. In the case this does happen the Credit package will be suspended without refund of the paid fees. 

 

5. INTRODUCTION OFFER

SF offers the following possibility to attend yoga classes as a first time Student at SF: 

  1. The Introduction Offer entitles the Student to five (5) yoga classes or sauna sessions and can be purchased only once by new Students. A new Student may use the Introduction Offer only once.

  2. The Introduction Offer is valid for fourteen (14) days from the first visit. The five (5) classes or sauna sessions must therefore be attended within fourteen (14) days of the date of the first visit. After that period, this right lapses. In case there has been no first visit within fourteen (14) days the Introduction Offer automatically expires.

  3. The Introduction Offer can not be commenced by, shared with or transferred to another Student than the initial owner of the Introduction Offer. In the case this does happen the Membership will be suspended without refund of the paid fees.

 

6. WORKSHOPS

SF offers workshops and retreats held at other locations:

  1. A Workshop ticket is designated to a specific date and time and entitles the Participant to a spot in the Workshop that (s)he signed up for.

  2. A Workshop ticket is valid up until the date of the Workshop and expires automatically after the specific date.

  3. A Workshop ticket can be transferred to another Participant than the initial owner of the ticket. The full name and email address of the new Participant have to be sent by the initial Participant to tash@stretchandfold.nl prior to the Workshop. The transfer is confirmed when both Participants have received a confirmation email.

  4. A Workshop ticket is refundable up to 60 days prior to the event. After this date no refund is possible. If the workshop is sold out your ticket can then be given to a person on waitlist should there be one.

 

7. GIFT CARDS

  1. A Gift Card can be purchased for the following products:

    1. the Introduction Offer, 1 Credit package, 5 Credit package and 10 Credit package as referred to in clause 4

  2. Once the Gift Card is claimed by the Student, the conditions in clauses 4 and 5 apply.

  3. A Gift Card is valid for one (1) year after the date of purchase and automatically expires afterwards.

 

8. PAYMENT AND PRICE CHANGES

  1. All yoga classes, sauna sessions and Workshops at SF must be paid for before they are held and all outstanding fees such as penalties must be redeemed.

  2. Before joining a yoga class or Workshop, the Student or Participant must check in at the counter of SF. After the Host or Teacher has verified the registration and payment for the relevant yoga class or Workshop, the Student or Participant is allowed to enter the class or Workshop.

  3. SF does not accept cash payments. Payments can be made by direct debit (Memberships only), PIN, Credit Card (Visa, Master Card), Ideal and Sofort.

  4. As a general rule, direct debits for Memberships are made monthly around three (3) to seven (7) days from the starting date of the Membership. If the amount cannot be collected, a Student will be blocked from booking classes until payment is completed.

  5. SF reserves the right to change the pricing of all SF products and services. Any changes are announced in advance by placing statements on the Website, and/or by email. The currently applicable rates are always mentioned on the Website and are available at the counter at SF

  6. Any discounts that a Student is entitled to should be applied during the booking and payment process. The discount cannot be applied retrospectively. I.e. once the payment has been made any unapplied discounts will not be refunded.

 

9. YOGA CLASS SCHEDULE

  1. The current schedule is mentioned on the Website. SF reserves the right to change the schedule at any time. Any changes are announced by mentioning them on the Website or by email.

  2. SF reserves the right to cancel a yoga class or sauna session that has been scheduled or to change the Teacher mentioned in the schedule in the event of force majeure, including illness of the Teacher. In the case of replacement of a Teacher, there will be no refund of any fee.

  3. SF reserves the right to close its doors on public holidays or on other days, or when imposed by the government, in case of force majeure, national safety or a pandemic.

 

10. RESERVATIONS AND CANCELLATIONS FOR YOGA CLASSES

  1. Members can have a maximum of eight (8) reservations.

  2. A confirmed booking is valid until two (2) minutes before the class starts. If the Student has not checked in by then, the booking expires and the reserved spot will become available to another Student.

  3. When a class is fully booked, the Student can sign up for the waiting list. If a spot opens up, all Students on the waiting list will be notified by email.

  4. Students can cancel their booking until six (6) hours before the class starts. 

  5. The Student can only cancel through their personal SF account, not through email or at the counter.

  6. SF holds the right to refuse Students that show up too late to class when the class has already started.

  7. If the Student has a Weekly Membership, Credit package or Introduction Offer and does not cancel it up until six (6) hours in advance or does not show up to the class on time, this class will be seen as a no show or late cancellation. In this case the class will be charged.

  8. If the Student has a Movement, Unlimited, or Unlimited Yearly Membership, and does not cancel it up until six (6) hours in advance or does not show up to the class on time, this will be seen as a no show or late cancellation. The Student will be charged a ten (10) euros fee to be paid online or in the studio before participating in the next class.

 

11. WORKSHOP SCHEDULE

  1. The current Workshop Schedule can be found on the Website. SF reserves the right to change the schedule at any time. If applicable, any changes are announced in advance by mentioning them on the Website or by email.

  2. SF reserves the right to cancel a scheduled Workshop in the event of force majeure (including illness of the Teacher). In this case, the booking fee already paid will be refunded.

  3. SF reserves the right to cancel a scheduled Workshop when too few Participants sign up for the Workshop. Cancellation for this reason will happen five (5) days prior to the Workshop. In this case, the booking fee already paid will be refunded.

 

12. RESERVATIONS AND CANCELLATIONS FOR WORKSHOPS

  1. A Participant may participate in a Workshop after registration with SF and purchasing a ticket for the designated Workshop. A spot in the Workshop is guaranteed once SF has received payment of the Price and a confirmation of the registration is received by the Participant in a confirmation email.

  2. For some Workshops, an “Early Bird Rate” applies. This reduced rate applies until the date specified on the Website. After this date, the normal rate, which is also specified on the Website, applies without exception.

  3. Any purchased ticket for a Workshop is non-refundable.

 

13. CODE OF CONDUCT

Students shall adhere to SF’s code of conduct at all times:

  1. SF advises not to eat later than two hours before the start of the yoga class and, in any case, not to do yoga on a full stomach.

  2. We ask you to not wear shoes in the yoga studio.

  3. Phones and any other personal belongings are not allowed in the yoga studio. Please store them in the dressing rooms.

  4. We communicate in a kind and respectful way with one another.

  5. The physical and mental integrity of Students must always be respected. Racism, sexual behaviour and sexually suggestive behaviour are not tolerated by SF.

  6. SF reserves the right to deny Students who do not observe the code of conduct, to deny access to the TWDY premises and to terminate the Membership, Class Pass or Introduction Offer of the relevant Student without a refund.

 

14. PERSONAL DATA

  1. SF collects personal data of the Students and Participants to update Membership records, to execute payment orders and for administration and information purposes. SF handles this collection of personal data with due care and complies with the provisions of the Dutch Data Protection Act.

  2. SF uses the personal data to inform Students about activities of SF and any changes in the schedule. If the Student does not want to receive communications from SF, (s)he may unsubscribe from the mailing in the bottom of a received newsletter or communicate this to SF by sending an email to tash@stretchandfold.nl

  3. SF never gives any personal data of the Students to third parties without their prior written consent.

 

15. LIABILITY

  1. Attending yoga classes and Workshops and leaving belongings in the changing rooms are at the Student’s own risk. SF accepts no liability for loss or damage of personal belongings of a Student attending yoga classes or Workshops and leaving belongings in the changing rooms at SF.

  2. If during a yoga class or Workshop the Student causes loss or damage to property of the venue the Student will be held liable. This loss or damage is in no circumstance covered by SF.

  3. The Student is considered to have the right insurance to cover this loss or damage.

  4. SF is not liable for personal injuries sustained during yoga classes or Workshops. Participating is always at the own risk of the Student or Participant.

  5. SF provides the following guidelines for reducing the risk of an injury:

    1. Always consult a doctor before starting a yoga class or Workshop if you are not sure that you are completely healthy or if you are pregnant.

    2. If you have an injury or any other physical inconvenience, always inform your Teacher or Facilitator about this before the class or Workshop starts.

    3. Listen to and follow the instructions of the relevant Teacher or Facilitator.

    4. Bear your physical limitations in mind.

    5. Do not perform any exercises that are painful.

    6. Ask questions if you do not understand an exercise.

    7. Although we strive to only provide correct information on the Website, we are not liable for any inaccuracy and no rights can be derived therefrom.

16. GOVERNING LAW

  1. The General Terms and Conditions are exclusively governed by Dutch law.

B. PRE-SALE TERMS & CONDITIONS

01 February 2024 | Amsterdam

These are the terms and conditions between you and Stretch and Fold concerning the purchase of general credits which are redeemable for a future purchase of Products and Services and/or the conclusion of a future membership at a discount given the early phase of the conclusion. 

1. DEFINITIONS

  1. In these Terms, the following definitions will be used:

  2. Agreement means the agreement established between Stretch and Fold and the Customer with respect to the purchase of S&F Credits or the conclusion of a Founder Membership, including any amendment or supplement thereto.

  3. Customer (“you”) means the person who purchases the S&F Credits and/or concludes a Founder Membership.

  4. Founder Membership means an ‘early bird’ membership at a discount given the early phase of the conclusion.

  5. S&F Credits means the purchase of credits, redeemable for a future purchase of Products and Services, the items listed (and selected) in the Webshop serving as an example.

  6. Membership Terms means the general terms and conditions that apply to all Founder Memberships and which have been made available to a customer when concluding a Founder Membership.

  7. Products and Services means all products and services available in the Stretch and Fold Space from as of the opening date.

  8. Stretch and Fold (“our”, “us”, “we”) means Stretch and Fold B.V. i.o., a to be incorporated private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid in oprichting), incorporated under the laws of the Netherlands, having its corporate seat in Amsterdam (address: Papaverhof 71, 1032 KJ Amsterdam, email address: invest@stretchandfold.nl, telephone number: +31 6 14 40 57 43).

  9. Stretch and Fold Space means the yoga studio, movement studio, and seasonal cafe at Papaverhof 71C in Amsterdam-Noord.

  10. Terms means these terms and conditions, including updates, alterations and possible appendices, published on the Website.

  11. User means the end-user of the S&F Credits, being the person that uses such S&F Credits to purchase Products and Services from the Stretch and Fold Space.

  12. Webshop means the online section of our Website where you can purchase S&F Credits and/or conclude Founder Memberships: https://stretchandfold.nl/pre-sale .

  13. Website means our website: https://www.stretchandfold.nl/.

2. SCOPE OF APPLICATION

    1. The Customer enters into Agreements with Stretch and Fold B.V. i.o. After the incorporation of Stretch and Fold B.V., Stretch and Fold B.V. shall ratify (zal bekrachtigen) all related legal acts and binds itself to perform Agreements made with the Customer.

    2. We recommend that you read these Terms carefully: they apply to all offers, Agreements and other dealings between Stretch and Fold and you that relate to S&F Credits and Founder Memberships. Stretch and Fold offers the S&F Credits and (conditional) Founder Memberships on the condition that you accept these Terms and are bound by these Terms.

    3. We may amend these Terms from time to time at our sole discretion without notice. You agree that the latest version of these Terms will always apply to the Agreement. The latest version of the Terms is available on the Website.

    4. Unless expressly stated otherwise, the provision shall apply to both S&F Credits and Founder Memberships. Where expressly stated, certain provisions shall apply exclusively to either S&F Credits or Founder Memberships, as specified. 

3. PURCHASE AND DELIVERY OF S&F CREDITS

    1. Stretch and Fold offers S&F Credits that can be purchased through the Webshop and redeemed after the opening date of the Stretch and Fold Space. You must have an account with Stretch and Fold to purchase S&F Credits. If you do not have an account, the purchase of S&F Credits will result in the creation of an account. If you have been gifted S&F Credits by us, we will ask you to create an account and the S&F Credits will be available to you via the account.

    2. S&F Credits will be provided by Stretch and Fold in electronic form only and will be linked to your account 

    3. Once the payment of the S&F Credits has been processed, the receipt of the confirmation email shall be considered the issue date, and the S&F Credits will be valid for two (2) years from this date.

    4. We will use our best efforts to open the Stretch and Fold Space as soon as possible. On the date on which these Terms were last updated, the opening date is scheduled for Q2 of 2024. If the opening date of the Stretch and Fold Space is delayed or postponed beyond 1 October 2024, each person that has purchased S&F Credits will be entitled to cancel the S&F Credits and Stretch and Fold will use its best efforts to process a refund.

    5. The Customer can cancel the purchase of the S&F Credits within fourteen (14) days of the receipt of the confirmation email, without any explanation and without incurring any fees, provided the S&F Credits have not been used. If you wish to cancel the purchase of the S&F Credits, you must contact invest@stretchandfold.nl within the term of fourteen (14) days. Stretch and Fold shall not under any circumstances provide any reimbursement from cancellation of the purchase that is requested outside the fourteen (14) days period. S&F Credits that have been gifted to you by us cannot be cancelled.

4. USE OF THE S&F CREDITS

    1. S&F Credits can only be redeemed in the (physical) Stretch and Fold Space. When purchasing a Product or Service with the S&F Credits, the User will not receive any change for the outstanding amount on the S&F Credits.

    2. The S&F Credits can only be exchanged for the Products and Services available in the Stretch and Fold Space and may in no case be exchanged for the monetary value of the S&F Credits. 

    3. When purchasing S&F Credits, the Customer may have selected specific Products or Services that it wishes to obtain from Stretch and Fold by redeeming its S&F Credits. Although Stretch and Fold will use its best efforts to provide these Products and Services as selected, Stretch and Fold reserves the right to withdraw any Product or Service currently shown as available. In this case, the S&F Credits shall be redeemable for other Products and Services.

5. LOSS OR THEFT OF THE S&F CREDITS

    1. The title and risk of loss for S&F Credits passes to you upon receipt of the confirmation email described in article 3.3. Stretch and Fold has no obligation to replace lost or stolen S&F Credits, but you can report lost or stolen S&F Credits by contacting invest@stretchandfold.nl.

6. TERM OF VALIDITY OF S&F CREDITS

    1. The S&F Credits can be used to purchase the Products and Services in the two (2) years following their purchase. After their expiry, you can no longer redeem the S&F Credits (unredeemed S&F Credits will expire), nor can you request repayment of remaining S&F Credits. Therefore, please make sure the S&F Credits are used before their expiry date.

7. CONCLUSION AND COMMENCEMENT OF FOUNDER MEMBERSHIPS

    1. Stretch and Fold offers Founder Memberships that can be concluded through the Webshop. You must have an account with Stretch and Fold to conclude a Founder Membership. If you do not have an account, the conclusion of the Founder Membership will result in the creation of an account. To all Founder Memberships, the Membership Terms shall apply. 

    2. Once the payment of the Founder Membership has been processed, you will receive an email to confirm your Founder Membership.

    3. The Founder Membership shall commence on the opening date of the Stretch and Fold Space. The exact time of commencement will depend on the opening date of the Stretch and Fold Space and will be communicated to you via email. By purchasing a Founder Membership, you acknowledge and understand that the opening date of the Stretch and Fold Space may be delayed or postponed due to circumstances within or beyond our control.

    4. We will use our best efforts to open the Stretch and Fold Space as soon as possible. On the date on which these Terms were last updated, the opening date is scheduled for Q2 of 2024. If the opening date of the Stretch and Fold Space is delayed or postponed beyond 1 October 2024, each person that has concluded a Founder Membership will be entitled to cancel the Founder Membership and receive repayment of the payment made for such Founder Membership.

    5. You can cancel the Founder Membership within fourteen (14) days of the receipt of the confirmation email described in article 7.2, without any explanation and without incurring any fees. If you wish to cancel the Founder Membership, you must contact invest@stretchandfold.nl within the term of fourteen (14) days. Stretch and Fold shall not under any circumstances provide any reimbursement from cancellation of the purchase that is requested outside the fourteen (14) days period.

8. PAYMENT AND CHARGES

    1. Our S&F Credits and Founder Memberships will be charged in euros (€).

    2. The amount and balance on the S&F Credits includes VAT.

    3. All charges for the Founder Memberships include VAT.

    4. The charges for the S&F Credits and the Founder Memberships will be the amount that you have selected on the Webshop, and shall be disclosed to you before purchasing S&F Credits or concluding a Founder Membership. Charges must be paid in accordance with the instructions as specified by us on either the Webshop, the invoice or by other means.

    5. The payment will be made by the following payment methods: credit / debit card, Apple Pay.

    6. Your order only becomes final when we receive the full payment of the applicable charges. Once the payment has been received, you will receive a confirmation email of the purchase of your S&F Credits and/or the conclusion of your Founder Membership.

9. STRETCH AND FOLD’S RIGHT TO TERMINATION, CANCELLATION OF REFUSAL OF A TRANSACTION

    1. Stretch and Fold can terminate the Agreement, cancel the S&F Credits and/ or the Founder Membership or refuse a transaction if we suspect that the S&F Credits are and/or the Founder Memberships being used in a fraudulent, improper or unlawful manner, or if we have reason to assume that you are in breach of the Agreement.

10. LIMITATION OF LIABILITY

    1. Stretch and Fold accepts no liability for loss, theft, destruction or improper use of S&F Credits and/or Founder Memberships, unless this is the result of negligence on the part of Stretch and Fold.

    2. Stretch and Fold cannot be held liable for loss of turnover, use, profit, expected profit, contracts, income, goodwill or expected savings; loss of details or of use of details; or consequential loss, extraordinary loss or indirect loss, including if it has been informed of the possibility of such loss.

    3. Without prejudice to the conditions of the Agreement, Stretch and Fold’s liability towards you is limited to the amount of the balance on the S&F Credits if one of the following events takes place (in which case the earliest of these events applies):

      1. the S&F Credits are cancelled by Stretch and Fold; or

      2. the Agreement is terminated by Stretch and Fold.

    4. Nothing in the Agreement serves to exclude or limit liability for:

      1. death or personal injury due to negligence;

      2. deliberate deception; or

      3. any other form of liability that cannot legally be excluded or limited.

11. GOVERNING LAW AND JURISDICTION

    1. The agreement, including the understanding and extent of these Terms, and any matter, claim or dispute arising in connection with it, whether contractual or non-contractual, is governed by the laws of the Netherlands.

    2. The courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement, whether contractual or non-contractual, without prejudice to the right of appeal and that of appeal to the Supreme Court (Hoge Raad).

    3. You may have other or additional rights in connection with your purchase or redemption of S&F Credits under the laws and regulations of the jurisdiction in which you reside and nothing in these Terms restricts such rights you may have.