Terms and conditions
Exhale Performance BV · André Emondstraat 38I, 3012 Leuven · company number 1035.951.684 · This is a translation; if it differs from the Dutch version, the Dutch version prevails.
ARTICLE 1 — DEFINITIONS
In these general terms and conditions:
Exhale / We / Us: Exhale Performance BV, located at André Emondstraat 38I, 3012 Leuven.
Member / You: The natural person who has entered into a membership agreement with Exhale Performance BV.
Membership: The agreement between Exhale and the Member under which the Member, in return for payment, may use the facilities and coaching of Exhale Performance Center.
Facilities: All training rooms, equipment, changing rooms, showers, sauna, lounge and other amenities at Exhale Performance Center.
Digital platform: The Exhale app and the Virtuagym platform, through which the Member has access to training plans, coaching, nutrition advice, bookings and communication with coaches.
Joining fee: A one-off administrative fee payable on registration.
House rules: The rules of conduct that apply within Exhale Performance Center, available at reception and on the website.
Usage data: All data generated by the Member's use of the facilities, equipment and digital platform, including but not limited to training data, load data, recovery data and biometric data.
Free pass: A free trial offer for group classes, claimed through the website or advertisements of Exhale, in the form of a free day pass or a free week, as described in article 20.
Trial participant: The natural person who has claimed a Free pass and is not (yet) a Member.
Personal link: The unique link a Trial participant or Member receives to invite friends for a Free pass (a friend link or a gift link).
ARTICLE 2 — NATURE OF THE SERVICES
2.1 Exhale Performance Center is a private, professional service-based sports facility that includes a form of coaching. Exhale does not offer recreational sports infrastructure, but a professional, coached and results-oriented training environment.
2.2 Every membership includes a service package consisting of access to the facilities and coaching through the digital platform of Exhale. Training plans, nutrition coaching, coaching modules and direct communication with coaches are an integral part of every membership. The membership is therefore a service and not merely recreational in nature.
2.3 Exhale is not a freely accessible public sports facility. Every visit requires identification with a personal access card or QR code. Access is not possible without an active registered membership.
2.4 Visitors without a membership have no access to the facilities unless they hold a valid day pass or Free pass and have registered at reception.
2.5 The services of Exhale are aimed at achieving personal performance and health goals. The Member acknowledges that Exhale is a professional service environment and not a recreational leisure facility.
ARTICLE 3 — MEMBERSHIP AND REGISTRATION
3.1 A membership is strictly personal and cannot be transferred to third parties.
3.2 Members must be at least 14 years old. Minors between 14 and 18 must provide written permission from a parent or legal guardian.
3.3 On registration, the Member must show a valid identity document and provide the following details: surname and first name, date of birth, email address, mobile number, address and bank account number for direct debit.
3.4 On registration, the Member receives a digital confirmation including these general terms and conditions by email. If the Member notices incorrect details, they must inform Exhale immediately.
3.5 Exhale reserves the right to limit the number of available memberships in order to keep guaranteeing a high-quality, personal service.
3.6 Exhale reserves the right to refuse a registration without giving reasons.
3.7 A one-off joining fee is payable on registration. The current joining fee is available on the website and at the reception of Exhale. This joining fee is credited after one full year of uninterrupted active membership.
3.8 If a membership is ended because the rules of conduct were broken, Exhale is not obliged to refund the one-off joining fee.
ARTICLE 4 — PRICES AND PAYMENT
4.1 The current membership prices are available on the website of Exhale and at reception. By registering, the Member declares that they are aware of the applicable rates.
4.2 All prices include VAT, unless explicitly stated otherwise.
4.3 Payment is made monthly by automatic direct debit from the bank account provided by the Member, on the fixed due date.
4.4 In case of late payment, Exhale is entitled to refuse access to the facilities and the digital platform immediately until the amount due has been paid in full.
4.5 In case of non-payment, administration costs are charged for each reminder. In case of repeated non-payment, all outstanding amounts become payable immediately. Exhale reserves the right to transfer the claim to a debt collection agency. All additional costs are borne by the Member.
4.6 In case of repeated non-payment, Exhale reserves the right to refuse any future registration by the Member concerned.
4.7 Price changes are communicated in writing or by email at least 30 days in advance. In case of a substantial price increase, the Member has the right to terminate the agreement free of charge within 30 days of the notice.
ARTICLE 5 — DURATION AND TERMINATION
5.1 The membership is entered into for an indefinite period with a notice period of 30 calendar days.
5.2 Termination must be sent by email to info@exhaleperformance.be or in writing at reception. Termination by phone or via WhatsApp is not valid.
5.3 The notice period starts on the day Exhale receives the termination. Exhale confirms receipt of the termination by email.
5.4 If a membership is terminated and later restarted, the joining fee is payable again and the standard price applicable at that time applies. Founding Member and presale prices lapse permanently on termination.
5.5 Exhale reserves the right to end a membership with immediate effect in case of a serious breach of the house rules or these general terms and conditions, without a refund of membership fees already paid.
ARTICLE 6 — SUSPENSION OF MEMBERSHIP
6.1 The membership can be suspended in case of long-term illness or injury, provided this is supported by a valid medical certificate.
6.2 A suspension starts on the day the medical certificate is received and cannot be applied retroactively, unless Exhale explicitly makes an exception.
6.3 After the suspension period, the membership resumes automatically and is extended by the exact duration of the suspension. If the suspension period is extended, the Member must report this in good time.
6.4 Pregnancy is considered a valid reason for suspension, provided it is supported by a medical certificate.
6.5 If the Member does not use the facilities or the digital platform, there is no refund or any other form of compensation.
ARTICLE 7 — ACCESS AND USE OF THE FACILITIES
7.1 Access to Exhale is only possible with the personal QR code, access card or biometric authentication/recognition.
7.2 It is strictly forbidden to give others access with your own QR code or access card. If this is found, the membership is ended with immediate effect without a refund.
7.3 Exhale reserves the right to change the opening hours. Changes are communicated at least 7 days in advance.
7.4 Exhale reserves the right to temporarily take certain facilities out of use for maintenance, renovation or equipment tests, without this giving a right to a refund or compensation. This is communicated in good time.
7.5 Before taking part in activities, the Member must inform the coaches or a staff member of Exhale of all relevant matters concerning their health and physical condition. The Member must keep this information up to date for as long as they are a member.
7.6 Exhale is entitled to temporarily or permanently deny a Member access in case of a breach of the house rules or unacceptable behaviour.
7.7 Exhale will not tolerate its staff or other members being verbally or physically insulted or threatened. If this happens, the Member will be denied access immediately and permanently.
ARTICLE 8 — GUESTS
8.1 Members over 18 can bring guests by buying a day pass at reception.
8.2 Guests must register at reception and fill in a health declaration.
8.3 The Member is responsible for the behaviour of their guests and for their guests complying with the house rules.
8.4 The Member and their guest must be present in the facilities together at all times.
8.5 This article does not apply to Trial participants with a Free pass. Article 20 applies to them.
ARTICLE 9 — DIGITAL PLATFORM AND COACHING
9.1 Every membership gives access to the digital platform of Exhale through the Virtuagym app.
9.2 Through the digital platform, the Member has access to training plans, nutrition plans, coaching modules, progress tracking and direct communication with coaches.
9.3 The digital coaching is an integral part of the membership and an essential part of the services offered by Exhale.
9.4 Exhale reserves the right to update and improve the digital platform and its content. This does not give the Member a right to a refund or compensation.
9.5 The Member is responsible for filling in their health profile on the digital platform correctly and completely. Incorrect or incomplete health information releases Exhale from any liability for injuries or harm.
ARTICLE 10 — EQUIPMENT AND TEST PARTICIPATION
10.1 Exhale Performance Center has professional and innovative fitness equipment from leading international brands. Part of the equipment is in a test phase or is continuously optimised based on usage data and feedback from members.
10.2 By entering into a membership, the Member explicitly agrees to take part as a user and test person of the equipment. The Member thereby consents to the recording and processing of usage data generated while using the facilities and equipment.
10.3 The usage data collected — including but not limited to training load, strength and performance data, movement patterns, recovery data and biometric data — may be used by Exhale for the following purposes:
- Optimisation and further development of the equipment
- Improvement of the digital coaching modules
- Internal quality control and product development
- Collaboration with manufacturers and partners of Exhale for non-public research and development purposes
10.4 Usage data is always shared with external partners in anonymised and aggregated form. Personal data is never shared directly without the explicit additional consent of the Member in accordance with article 14 of these terms.
10.5 The processing of usage data for the purposes in article 10.3 is non-public. Exhale undertakes to use this data only for internal and partner purposes and never to publish it or exploit it commercially in a way that makes the Member identifiable.
10.6 The Member has the right to withdraw their consent to the processing of usage data at any time by email to info@exhaleperformance.be. After withdrawal, the data concerned is no longer processed for the purposes in article 10.3. Anonymised data that has already been processed cannot be deleted.
10.7 Taking part as a test person carries no additional risks. All equipment meets the applicable European safety standards and CE markings. Exhale guarantees that the safety and well-being of the Member always come first.
ARTICLE 11 — LIABILITY
11.1 Exhale is not liable for theft, loss or damage of the Member's personal belongings within the facilities of Exhale Performance Center.
11.2 Exhale is not liable for injuries or harm sustained while using the facilities, unless there is demonstrable intentional negligence by Exhale or its staff.
11.3 The Member is responsible for assessing their own physical fitness for the training activities. If in doubt, it is recommended to consult a doctor beforehand.
11.4 The Member declares to be in sufficiently good health to take part in the training activities offered. If unusual symptoms occur during training, the Member must stop immediately and inform a staff member of Exhale.
11.5 The Member is liable for damage caused to the facilities or property of Exhale through negligence or intent.
11.6 Nothing in these general terms and conditions attempts to limit or exclude liability that cannot be limited by law, including liability for death or personal injury caused by negligence, fraud or wilful misconduct.
11.7 In all other cases, the maximum liability of Exhale is limited to the membership fees paid by the Member over the last 3 months.
ARTICLE 12 — HOUSE RULES
12.1 Wearing suitable sportswear and clean sports shoes is mandatory.
12.2 Using a personal towel on all equipment is mandatory.
12.3 Equipment must be cleaned after use and returned to its proper place.
12.4 Bringing food into the training rooms is forbidden. Drinks in closed bottles are allowed.
12.5 Smoking, alcohol and the use of prohibited substances are strictly forbidden in the entire building, including the car park.
12.6 Aggressive behaviour, intimidation or discrimination in any form leads to immediate and permanent exclusion without a refund.
12.7 Photographing or filming other members without their explicit permission is not allowed.
12.8 Giving personal training as a self-employed person to other members or visitors without a written cooperation agreement with Exhale is strictly forbidden.
12.9 Animals are not allowed in the building, except recognised and certified assistance animals or with written permission from Thibeau Dusollier.
12.10 Children under 14 are not allowed in the training rooms.
12.11 The Member must use equipment correctly and safely. If in doubt about correct use, the Member must ask a staff member or coach.
12.12 Selling or distributing supplements or other products within the facilities of Exhale is forbidden without the explicit written permission of Exhale.
ARTICLE 13 — PRIVATE NATURE AND LICENCE
13.1 Exhale Performance Center is a private, professional service-based sports facility. Access is reserved exclusively for registered members, day pass holders and Trial participants with a valid Free pass.
13.2 There is no free or public access. Every visit requires identification with a personal access card or QR code linked to an active membership or a valid (Free) pass.
13.3 All visitors are registered and identifiable in the member administration system of Exhale at all times.
13.4 The membership always includes a form of professional coaching through the digital platform of Exhale. Exhale is a service company and not recreational sports infrastructure.
13.5 Exhale operates as a private club with a professional service character in accordance with Belgian regulations on sports services.
ARTICLE 14 — PRIVACY AND DATA PROTECTION
14.1 Exhale processes personal data in accordance with the General Data Protection Regulation (GDPR) and Belgian privacy legislation.
14.2 Personal data is used only for carrying out the membership or the Free pass, digital coaching, communication and legal obligations.
14.3 Exhale never sells or shares personal data with third parties for commercial purposes without the explicit consent of the Member.
14.4 Biometric data is processed only after the explicit written consent of the Member and is stored on a secure, shielded system in full compliance with the GDPR.
14.5 The Member and the Trial participant have the right to access, correct or have their personal data deleted via info@exhaleperformance.be.
14.6 For the processing of usage data in the context of equipment tests and product development, Exhale refers to article 10 of these general terms and conditions.
14.7 For communication via WhatsApp and email, and the service providers Exhale uses for it, Exhale refers to article 21 of these general terms and conditions. More information about which data Exhale processes, how long it is kept and which service providers are involved can be found in the privacy policy on the website of Exhale.
ARTICLE 15 — CAMERA SURVEILLANCE
15.1 Exhale Performance Center uses camera surveillance in the common areas to protect members, staff and property.
15.2 Camera images are kept for a maximum of 30 days in accordance with Belgian legislation on camera surveillance.
15.3 Camera surveillance pictograms are clearly displayed at all entrances and in the monitored areas.
15.4 There is no camera surveillance in changing rooms, showers and toilets.
ARTICLE 16 — INCIDENTS AND HEALTH
16.1 Exhale records data about incidents to fulfil its obligations under health and safety legislation.
16.2 In case of a medical incident, members must inform a staff member of Exhale immediately.
16.3 Exhale has a first aid kit and an AED. Staff are trained in first aid.
16.4 The Member undertakes to report any medical conditions relevant to the training activities through the health profile on the digital platform.
ARTICLE 17 — FORCE MAJEURE
17.1 Exhale is not liable for failing to meet its obligations in case of force majeure, including but not limited to fire, flood, pandemic, government measures, strikes or other circumstances beyond the reasonable control of Exhale.
17.2 In case of a temporary closure due to force majeure, memberships are automatically extended by the duration of the closure.
17.3 In case of a permanent closure due to force majeure, membership fees are stopped without additional costs.
ARTICLE 18 — CHANGES TO THE GENERAL TERMS AND CONDITIONS
18.1 Exhale reserves the right to change these general terms and conditions.
18.2 Substantial changes are communicated in writing or by email at least 30 days in advance.
18.3 If the Member does not agree with the changes, the Member has the right to keep the existing terms until the end of the current subscription period or until they voluntarily end their membership. The Member must inform Exhale of this in writing within 30 days of the notice of the change. After the current period, or on termination, the new terms apply automatically if the Member continues their membership.
18.4 The most recent version of these general terms and conditions is always available at reception and on the website of Exhale Performance Center.
ARTICLE 19 — DISPUTES AND APPLICABLE LAW
19.1 This agreement is governed by Belgian law.
19.2 Disputes are preferably resolved by mutual agreement.
19.3 If no amicable settlement is reached, the Court of Leuven has jurisdiction — or the court of the Member's place of residence if this is more favourable for the Member under Belgian consumer law.
19.4 The Member can also contact the Consumer Ombudsman Service via consumentenombudsdienst.be.
ARTICLE 20 — FREE DAY PASS, FREE WEEK AND FRIEND OFFER
20.1 Exhale may offer a Free pass for group classes through its website and advertisements. A Free pass is either a free day pass (one group class of your choice) or a free week (unlimited group classes for 7 consecutive calendar days).
20.2 Each person can claim a Free pass only once. A person is recognised by their mobile number and email address. Anyone who has already claimed a Free pass cannot claim a new one, not even when the pass has expired or the messages have been lost. People who are already paying Members cannot claim a Free pass.
20.3 When claiming, the Trial participant provides their first name, last name, mobile number (WhatsApp) and email address. The Trial participant declares that these details are correct and their own. Exhale uses these details to create an account on the digital platform (Virtuagym), for which the Trial participant chooses their own password.
20.4 The first group class must take place within 14 calendar days of the claim, the day of the claim included. If no class is taken within this period, the Free pass expires without any form of compensation.
20.5 The free day pass entitles the holder to one group class. The free week runs for 7 consecutive calendar days, starting on the day of the Trial participant's own first group class. Each Trial participant starts their own pass, independently of the friend who invited them.
20.6 Group classes are booked through the booking page of Exhale and are always subject to available places. Exhale does not guarantee a place in a specific class.
20.7 Friend offer. Every Trial participant with a free day pass receives a personal friend link. When two new people claim a Free pass through this link, the Trial participant and both friends get a free week instead of a free day pass. Every further friend who claims a Free pass through the same link also gets a free week.
20.8 Gift link. Anyone with a free week receives a personal gift link. Every new person who claims a Free pass through this link gets a free week.
20.9 Only new people who have never claimed a Free pass and are not Members count towards the friend offer. A Member who shares their personal link does not receive a free week themselves; the friends who claim a Free pass through the link do.
20.10 The Free pass and the personal link are strictly personal, not transferable, not exchangeable for money and cannot be combined with other offers, unless Exhale explicitly states otherwise. In case of misuse, such as claims with false, non-existent or someone else's details, or claiming several times under different details, Exhale may refuse or withdraw the Free pass and any free weeks of everyone involved.
20.11 The Free pass carries no obligation to become a Member. When the Free pass ends, it expires automatically at no cost. Anyone who becomes a Member afterwards enters into a separate membership agreement under these general terms and conditions.
20.12 While the Free pass is being used, articles 7, 11, 12, 14, 15 and 16 of these general terms and conditions also apply to the Trial participant, where "Member" is read as "Trial participant". The Trial participant must be at least 14 years old; minors between 14 and 18 need permission from a parent or legal guardian.
20.13 Exhale reserves the right to change or end the Free pass and the friend offer for new claims at any time. Free passes already granted remain valid under the terms that applied at the time of the claim.
ARTICLE 21 — COMMUNICATION VIA WHATSAPP AND EMAIL
21.1 When claiming a Free pass, the Trial participant explicitly consents to receiving messages about their Free pass via WhatsApp and email. Without this consent, Exhale cannot deliver the Free pass. These messages may include:
- the confirmation of the Free pass, the link to the booking page and the link to the personal pass page;
- the link to choose a password for the account on the digital platform;
- the personal friend link or gift link;
- the notice that a free week has been unlocked;
- reminders to book a class or of a booked class;
- a question about the experience after the class;
- an offer to become a Member towards the end of the Free pass.
21.2 Messages about offers and news from Exhale that are not about the person's own Free pass are only sent if the Trial participant or Member has given separate, voluntary consent for them.
21.3 Only if the Trial participant has given separate, voluntary consent may the friend who invited them, and the friends they invited themselves, receive a message when they become a Member.
21.4 WhatsApp messages are sent through WhatsApp Business of Meta Platforms Ireland Ltd., with ManyChat as the service provider that sends the messages on behalf of Exhale. For this, the mobile number, first name, language and details of the Free pass (such as the links and the type of pass) are passed on to these service providers. The terms and privacy policy of WhatsApp apply to the use of the WhatsApp app itself.
21.5 The Trial participant or Member can unsubscribe from WhatsApp messages at any time by replying "STOP" to a message, or by email to info@exhaleperformance.be. After unsubscribing, the person no longer receives reminders; a Free pass already granted remains valid and remains visible on the personal pass page.
21.6 Exhale never asks for passwords, payment or bank details via WhatsApp. A password is always chosen by the person themselves on the official page of the digital platform.
21.7 WhatsApp is not a valid channel for terminating a membership, suspension or other formal notices; articles 5 and 6 apply to these.
21.8 Any costs for mobile data or the use of WhatsApp are borne by the Trial participant or Member.
ARTICLE 22 — FINAL PROVISIONS
22.1 By registering at Exhale Performance Center, the Member declares that they have read and explicitly agree to these general terms and conditions, including article 10 on test participation and data use. By claiming a Free pass, the Trial participant declares that they have read and agree to articles 20 and 21 and the other articles that apply to them.
22.2 If a provision of these terms proves to be invalid or unenforceable, the other provisions remain fully in force.
22.3 Exhale reserves the right to end or change promotional offers and special rates at any time and at its own discretion for new registrations.
22.4 The Member may not transfer the rights or obligations arising from the membership to third parties.
Exhale Performance BV · André Emondstraat 38I — 3012 Leuven · info@exhaleperformance.be · +32 479 53 51 54