Terms and Conditions
GENERAL TERMS AND CONDITIONS SPARK SESSIONS
Article 1. Applicability
1.1 In these general terms and conditions, “Spark Sessions” refers to: Spark Enterprises BV (5671 GH Nuenen at Parkstraat 54) or an affiliated company. “Services” means: all activities offered or provided by Spark Sessions in the context of EMS training, nutritional advice, coaching, and related guidance. “Products” means: all clothing, equipment, accessories, consumables, and supplements offered or supplied by Spark Sessions related to the aforementioned services. All in the broadest sense of the word.
1.2 These terms apply to all offers and/or agreements made by Spark Sessions to or entered into with third parties (hereinafter “the Customer”) as well as to their execution.
1.3 These terms apply to the exclusion of any general terms and conditions used by the (potential) Customer.
1.4 The Customer can only invoke deviations from these terms if and insofar as they have been accepted in writing by Spark Sessions.
1.5 Customers receive a copy of these General Terms and Conditions upon registration. The General Terms and Conditions can also be found on our website (sparksessions.nl) and are available for inspection at the reception of Spark Sessions.
Article 2. Offers, orders, and agreements
2.1 All offers from Spark Sessions are non-binding. Orders and acceptances of offers by the Customer are irrevocable.
2.2 Spark Sessions is only bound if it has confirmed the order in writing or has begun execution.
2.3 Inaccuracies in Spark Sessions’ order confirmation must be reported to Spark Sessions in writing within 3 days of the date of the order confirmation, failing which the order confirmation is deemed to correctly and completely reflect the agreement and the Customer is bound by it.
2.4 Verbal promises or agreements by or with its personnel only bind Spark Sessions if it has confirmed this in writing.
2.5 These general terms and conditions apply in full to any changes to the agreement.
Article 3. Prices
3.1 The fee for the Services provided by Spark Sessions depends on the chosen subscription form (duration of membership and frequency per week) and is agreed upon prior to concluding the Agreement. The Agreement cannot be terminated prematurely without Spark Sessions’ consent. If Spark Sessions agrees to a premature termination at the Customer’s request, the agreed fee will be recalculated based on the then-current price for a four-week membership and the actual training period taken. Any amounts already paid above this recalculated amount will be refunded. If the recalculated amount exceeds the amount already paid, the difference will be charged.
3.2 If cost-determining factors change after the offer and/or the conclusion of an agreement, Spark Sessions is entitled to adjust the prices accordingly. Spark Sessions will adequately inform the Customer of any price increase four weeks in advance. If the Customer is a natural person not acting in the course of a profession or business, they have the right to terminate the Agreement within four weeks after the announcement of the increase. The prepaid subscription fee for the period after termination will then be refunded by Spark Sessions. However, the subscription fee owed by the consumer-Customer will be recalculated to the actual subscription period. The possibility of termination in this article does not apply to price adjustments based on the CBS price index for household consumption or to price adjustments directly resulting from the law, such as a VAT increase, unless Spark Sessions announces such a price increase within three months after the conclusion of the Agreement. In the latter case, the consumer-Customer has the right to terminate up to three months after the conclusion of the Agreement. The prepaid subscription fee for the period after termination will then be refunded by Spark Sessions. However, the subscription fee owed by the consumer-Customer will be recalculated to the actual subscription period.
3.3 Spark Sessions is entitled to charge new Customers an administration fee surcharge of an extent determined by Spark Sessions in accordance with the regulation applicable at Spark Sessions at the time of concluding the agreement.
Article 4. Force Majeure
4.1 If Spark Sessions is prevented from fulfilling the agreement due to force majeure, it is entitled to suspend the execution of the agreement. In that case, the Customer is not entitled to compensation for damages, costs, or interest.
4.2 Force majeure includes: war, threat of war, strikes, fire, accident or illness of personnel, business interruption, stagnation in transport, disruptive legal provisions including closure or restrictions by the government, illness of trainers, import/export restrictions, unforeseen problems in production or transport by Spark Sessions, and any other circumstance not exclusively dependent on Spark Sessions’ will, such as the non-delivery or late delivery of goods or services by third parties engaged by Spark Sessions.
4.3 In case of a force majeure situation, Spark Sessions is authorized to terminate the agreement for the non-executable part by a written declaration.
Article 5. Defects and complaints
5.1 Spark Sessions guarantees the quality of the Products it delivers and the careful and professional execution of the agreed services, in accordance with what the Customer may reasonably expect based on the agreement. Should defects nevertheless occur in the Products delivered by Spark Sessions as a result of manufacturing, material, and/or packaging errors, Spark Sessions will replace the Products in whole or in part or apply a reasonable price reduction, at the choice and sole discretion of Spark Sessions. This guarantee applies for a maximum period of 12 months or as much shorter as indicated by the expiration date on the product.
5.2 Spark Sessions will strive to provide EMS training professionally, safely, and according to the current state of science. Spark Sessions’ services are scientifically based and proven effective in practice, but the result naturally depends on how the Customer follows the given advice and guidance as well as the Customer’s other lifestyle (including daily calorie intake). Therefore, Spark Sessions does not guarantee any result. Failure to achieve goals does not qualify as a defect in the service under any circumstances.
5.3 Regarding delivered products, the following are in any case excluded from the guarantee:
– defects that occur in or are (partly) the result of the Customer’s (personnel) not observing instructions or regulations;
– use other than the normal intended use;
– improper storage or use by the Customer, mixing of products or use of products in a state other than the original;
– the application of any government regulation regarding the nature or quality of materials used.
5.4 The Customer must carefully inspect the delivered products immediately upon receipt, on penalty of forfeiture of any right to complaint and/or replacement.
5.5 The Customer – insofar as they are not a consumer – must complain in writing to Spark Sessions within 8 days after a defect occurs after delivery. In the absence of timely complaint, any claim against Spark Sessions lapses.
5.6 If the Customer complains, they are obliged to give Spark Sessions the opportunity to (have) inspect the products to determine the deficiency. The Customer is obliged to keep the products about which a complaint has been made available to Spark Sessions, on penalty of forfeiture of any right to complaint and/or replacement.
5.7 Return shipment to Spark Sessions of sold products is only allowed after obtaining explicit written permission from Spark Sessions and if the products are clearly identifiable as a return shipment and the products and packaging are still in their original state.
5.8 Return shipments due to transport damage are only accepted by Spark Sessions if the products are packed in an original unopened packaging and therefore have not been used.
5.9 Return of products whose expiration date has passed is not possible.
5.10 The products remain at all times (including during return shipment) at the Customer’s expense and risk.
5.11 The Customer must arrange the transport of the return shipment themselves and bear the associated costs. Any special shipping and/or other instructions from Spark Sessions for the return shipments must always be observed.
5.12 Any defects concerning part of the delivered products do not give the Customer the right to reject or refuse the entire batch of delivered products.
5.13 The Customer – insofar as they are not a consumer – must notify Spark Sessions in writing of any inaccuracies in Spark Sessions’ invoices within 5 days of the invoice date, failing which the Customer is deemed to have approved the invoice.
5.14 Complaints do not suspend the Customer’s payment obligations.
5.15 After discovering a defect in a product, the Customer is obliged to do everything that prevents or limits damage, including immediate cessation of use and trading.
Article 6. Dry-Suit
6.1 The use of a compatible EMS suit is mandatory for participation in EMS training. Spark Sessions works with the Dry-Suit from Xbody, which is specifically tailored to Spark Sessions’ equipment and training methodology.
6.2 To ensure a consistent and safe training experience, all Customers must use the Dry-Suit during sessions. At the start of the membership, the Customer chooses whether to rent or buy the Dry-Suit from Spark Sessions.
6.3 This article applies if the Customer chooses to buy the Dry-Suit. At the start of the membership, the Customer buys a Dry-Suit from Spark Sessions as Spark Sessions delivers the Dry-Suit to the Customer. The Dry-Suit is delivered for an agreed one-time purchase price. Spark Sessions is not responsible for wear and tear, loss, or damage after delivery. Upon delivery of the Dry-Suit, the Customer receives the usage and care instructions for the Dry-Suit. Incorrect use or maintenance can affect the effectiveness of the EMS suit and EMS training. The Dry-Suit comes with a one-year manufacturer’s warranty, according to the manufacturer’s terms.
6.4 This article applies if the Customer chooses to rent the Dry-Suit: The Customer rents the Dry-Suit from Spark Sessions for use during EMS training, at the agreed rental amount per month, which is collected simultaneously with the membership fee. The Dry-Suit remains the property of Spark Sessions. The Customer is obliged to handle the Dry-Suit carefully and use it exclusively for training within Spark Sessions. In case of damage, loss, or careless use, Spark Sessions may recover the costs of repair or replacement from the Customer. Upon termination of the membership, the EMS suit must be returned in good condition within 5 working days. If this does not happen, the Customer owes a replacement fee of € 850,-.
Article 7. Reservations and cancellations
7.1 The Customer will reserve training sessions in the (online) environment designated by Spark Sessions. Changes or cancellations of reserved training sessions must be communicated through this reservation system at least 24 hours before the start of the training. If a reservation is cancelled in time, the Customer retains the right to take the relevant training within thirty days after the original training date (“credit”). After this period, this right irrevocably expires and no claim can be made for a make-up training or refund. In case of later cancellation or no-show for the appointment, the session is considered to have been enjoyed and no refund or replacement session will take place, unless otherwise decided by Spark Sessions at its own discretion.
7.2 The Customer must be present at least 5 minutes before the start of the reserved training so that the session can start on time. If the Customer arrives late, the remaining training time will not be extended or made up. The session ends at the scheduled time.
7.3 In case of force majeure – such as illness or injury of the Customer or other unforeseen circumstances beyond the Customer’s influence – it will be discussed whether a (partial) waiver or rescheduling of the appointment is possible. Force majeure must be sufficiently motivated and timely demonstrated by the Customer.
Article 8. Payment
8.1 Payment for services provided by Spark Sessions is made every four weeks in advance, via bank credit and/or debit accounts or direct debit. Payment for products delivered by Spark Sessions takes place afterwards, simultaneously with the collection of the next service term.
8.2 In case of failure to pay on time, the Customer is in default without further notice of default. Spark Sessions is then entitled to suspend the service. If automatic collection is not possible for any reason, payment must be made on invoice basis within seven (7) days after the invoice date.
8.3 Payments are made without the right of suspension and/or set-off.
8.4 As long as the payment obligations (in any term) have not been met, Spark Sessions is entitled to suspend its obligations towards the Customer without extending the duration of the Agreement and to deny the Customer access to its location.
8.5 If no timely payment is received, the Customer is, without further notice of default, liable for interest on the invoice amount of 1.5% per month, calculated from the due date up to and including the day of payment.
8.6 The full invoice amount becomes immediately and fully due in case of non-punctual payment of an agreed term on the due date, as well as if the Customer:
goes bankrupt, applies for (provisional) suspension of payment; is placed under the legal debt restructuring scheme (WSNP); or is subjected to any seizure of their assets or claims. In such cases, the Customer is obliged to inform Spark Sessions of this immediately.
8.7 If the Customer is in default in the (timely) fulfillment of their obligations, then all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Customer. The extrajudicial costs are calculated based on what is customary in Dutch collection practice. Any judicial and execution costs incurred will also be recovered from the Customer. The Customer also owes interest on the collection costs due.
8.8 Payments received are first applied to the satisfaction of interest, then to costs, and finally to the principal sum.
Payments made by the Customer always serve first to settle the costs due, then to settle the interest due and then to settle the longest outstanding invoices due, even if the Customer states that the payment relates to a later invoice.
Article 9. Duration and termination
9.1 The agreement regarding the provision of Services is entered into for a definite period, unless explicitly agreed otherwise in writing. After the expiry of the agreed term, the agreement is tacitly extended for an indefinite period, with a notice period of one month.
9.2 During a reflection period of one week after concluding the membership, the Customer has the option to revoke the membership free of charge. The aforementioned right of revocation ends at the moment the Customer makes use of the Services. If the Agreement has been concluded remotely, the reflection period is fourteen days.
9.3 The Agreement is subject to early termination by the Customer only if they are a natural person not acting in the course of a profession or business and i) after entering into the Agreement, they move to a different residential address and, as a result of increased travel time, are no longer able to use the Services. If another Spark Sessions location with equivalent facilities and service level is located within reasonable travel time of the new residence, this situation does not apply; or ii) it has become impossible for the Customer to use the Services for the remainder of the Agreement’s term due to an injury or illness demonstrable by a doctor’s certificate at the time of termination. In this case, the fee will be recalculated in accordance with Article 3.4. For other Customers, the Agreement is not subject to early termination.
9.4 Termination in accordance with the preceding article must be made with one month’s notice, effective at the end of the month.
9.5 The expiration or termination of the Agreement shall not release parties from any liability that arose under the Agreement before its expiration or termination, nor shall it affect the validity of provisions intended to survive the expiration or termination of the Agreement.
9.6 In addition to the withdrawal period as stipulated in Article 8.2 for the consumer-customer, a suspension option exists for the consumer-customer. If the Customer is unable to use the Services for a period longer than one month due to a demonstrable injury, illness, or pregnancy, the contract period will be extended accordingly by this period without additional subscription fees being charged for this period. This does not affect Spark Sessions’ right to charge the Customer reasonable administrative costs for this.
9.7 The Agreement is subject to early termination with immediate effect by Spark Sessions if: i) the Customer breaches one or more provisions of the Agreement, these terms and conditions, or the applicable (house) rules, or ii) the Customer has acted unlawfully towards Spark Sessions. Without prejudice to Spark Sessions’ right to full compensation for damages, no refund of the already paid or remaining subscription fees will take place upon termination based on this article.
9.8 If Spark Sessions ceases its business operations, early termination by Spark Sessions is possible with one month’s notice. In that case, Spark Sessions will refund the remaining subscription fees to the Customer.
Article 10. Advice
10.1 All advice given by Spark Sessions and all communications and statements provided by Spark Sessions, including regarding the properties of products to be supplied by Spark Sessions, are entirely non-binding and are provided by Spark Sessions as non-binding information. Spark Sessions provides no guarantee in this regard.
10.2 Spark Sessions is not liable for any direct or indirect damage, in whatever form and on whatever grounds, arising from information provision and/or advice by Spark Sessions. The Customer indemnifies Spark Sessions against all third-party claims in this regard, unless there is intent or gross negligence on the part of Spark Sessions.
Article 11. Liability
11.1 Except in cases of intent or willful recklessness on the part of Spark Sessions, Spark Sessions is not liable for any damage, including (in)direct damage, consequential damage, or loss of profit, on whatever grounds, personal injury, aggravation of existing complaints, or other health problems, arising from or related to the use of the Services or facilities.
11.2 If and insofar as Spark Sessions is found liable at any time, such liability is limited to the amount paid out by its liability insurer in the relevant case, plus the applicable deductible under that insurance.
11.3 If, for any reason whatsoever, no payment is made under the insurance, any liability is limited to the amount the Customer has paid for the service concerned, with an absolute maximum of €25,000.
11.4 Any claim against Spark Sessions, unless acknowledged by Spark Sessions, shall lapse after fourteen months from the date the claim arose.
11.5 The Customer indemnifies Spark Sessions against third-party claims insofar as these claims result from acts or omissions of the Customer themselves, or from incorrect or incomplete information provided by the Customer. This indemnity does not apply if the claim results from an attributable shortcoming or error of Spark Sessions, its employees, or auxiliary persons engaged by it.
Article 12. Participation in Training Sessions and Use of Materials and Equipment
12.1 Participation in an EMS training is prohibited in the following cases: Presence of an implanted or external medical device, such as a pacemaker or defibrillator. Severe cardiovascular diseases (e.g., severe heart or aortic conditions). Severe neurological disorders.
Severe uncontrolled seizures or convulsions (e.g., epilepsy), despite medication use.
Severe neuromuscular disorders (e.g., rhabdomyolysis or a condition affecting the nervous and muscular systems, thereby causing rapid muscle breakdown). Active tumors (e.g., breast cancer). Severe kidney diseases. Existing or impending internal bleeding. Contagious diseases (bacterial, viral, or parasitic) or acute infections with a risk of transmission. Non-intact skin in the area to be trained (e.g., infections, wounds, inflammations, severe irritation, or edema). Pregnancy or suspected pregnancy. Intensive physical exertion within 48 hours after an EMS training. Minors without written parental consent. Participation under the influence of alcohol or drugs. The Customer declares to have taken note of these contraindications and guarantees that they do not apply to them.
12.2 In the following cases, participation in an EMS training is only permitted after written approval from a doctor: Metal implants (placement of electrodes such that no current is conducted through the affected area). Non-metal or other implants (e.g., silicone or gynecological implants). Controlled seizures or convulsions (e.g., epilepsy), where no more seizures occur under medication and there is a stable medical situation. Less severe cardiovascular diseases (e.g., high blood pressure). Recent surgery, medical procedure, or acute trauma. Abdominal or inguinal hernia. Chronic diseases, fever. Diabetes.
Sensitive or numb skin areas. Menstrual cramps. Severe obesity or extreme inactivity. Psychological disorders where independent participation is not advisable. The Customer declares to have taken note of these relative contraindications and guarantees that they do not apply to them, or if they do, that they have sought medical advice.
12.3 The Customer must immediately report any discomfort, dizziness, chest pain, or skin warmth or pain to the trainer, after which the training will be stopped immediately.
12.4 During training sessions, the Customer may use materials, equipment, or other training aids provided by Spark Sessions.
12.5 The Customer is obliged to handle the provided materials and equipment carefully and in accordance with Spark Sessions’ instructions.
12.6 Damage to materials or equipment caused by gross negligence or intentional misuse by the Customer may be charged to the Customer.
12.7 Spark Sessions is not liable for injury or damage arising from the use of materials, unless there is intent or gross negligence on the part of Spark Sessions.
12.8 Spark Sessions strives to provide every (new) Member with proper guidance and training to ensure safe and correct use of the equipment. If the Customer is unfamiliar with (a part of) the fitness equipment or certain exercises, they should ask a Spark Sessions instructor for advice.
12.9 Spark Sessions ensures that its instructors and supervisors possess the knowledge that can reasonably be expected of them, which includes the required first aid knowledge.
12.10 The Customer understands that (group) fitness activities and the use of fitness equipment are not without risk. The Customer exercises at their own risk. In case of known health complaints or limitations, Members must consult their treating physician about the possibilities and advisability of participating in Spark Sessions’ (group) fitness activities. Spark Sessions cannot take responsibility in this regard.
Article 13. Retention of Title
13.1 All products supplied by Spark Sessions remain the property of Spark Sessions until the Customer has fully met all their payment obligations under the relevant agreement, including claims due to failure to perform that agreement.
13.2 As long as ownership of the delivered products has not transferred to the Customer, the Customer is not permitted to alienate, pledge, or establish any other limited right over the products.
13.3 The Customer is obliged, as long as the ownership of the products rests with Spark Sessions, to properly store them, mark them as identifiable property of Spark Sessions, and insure them against customary risks.
13.4 If the Customer defaults on any payment obligation, Spark Sessions is entitled to reclaim the delivered but not yet fully paid products upon first request. The Customer shall provide all cooperation for this purpose.
Article 14. Privacy and Personal Data
14.1 When entering into and performing the agreement, Spark Sessions processes the Customer’s personal data. This processing takes place in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).
14.2 Which data is processed, how it is processed, and for what purposes this personal data is processed, is further explained in Spark Sessions’ Privacy Statement, which can be consulted via sparksessions.nl or will be provided to the Customer in writing or digitally upon request.
Article 15. Advertising, Social Media, and Website Information
15.1 Images, descriptions, catalogs, advertising material, information displayed on the website, and offers bind Spark Sessions
15.2 The Customer permits Spark Sessions to use (non-identifiable) photos and progress data for physical and digital (including Social Media) promotional purposes of Spark Sessions. With the Customer’s permission, Spark Sessions may also use identifiable photos and progress data for these purposes.
Article 16. Intellectual Property
16.1 All intellectual and industrial property rights relating to the products or services and their designations, and relating to everything Spark Sessions develops, manufactures, or provides, including packaging, manuals, advertising material, and images, belong to Spark Sessions. The ownership of the provided information, know-how, and materials rests with Spark Sessions and shall remain there at all times. All intellectual property rights to new ideas, concepts, inventions, modifications, and developments are exclusively owned by Spark Sessions. The Customer has no claim in this regard. Without prior permission from Spark Sessions, the Customer is not permitted to reproduce or distribute materials received from Spark Sessions.
16.2 The Customer is not permitted to use Spark Sessions’ trade names, brands, logos, and other designations, unless the Customer receives explicit written permission from Spark Sessions for this. In the latter case, the Customer shall adhere to Spark Sessions’ guidelines and instructions regarding the use of Spark Sessions’ brands, logos, and other designations.
16.3 The Customer is not permitted to remove or alter any indication regarding copyrights, trademarks, trade names, or other intellectual or industrial property rights from the products and services.
Article 17. Final Provisions
17.1 Membership is personal and therefore non-transferable, non-tradable, and non-refundable.
17.2 The nullity or voidability of any provision of these terms and conditions or of agreements to which these terms and conditions apply shall not affect the validity of the remaining provisions. Spark Sessions and the Customer are obliged to replace provisions that are null or voided with valid provisions that have, as far as possible, the same purport as the null or voided provision.
17.3 The place of performance is deemed to be the place where Spark Sessions is located.
17.4 All agreements concluded by Spark Sessions are exclusively governed by Dutch law.
17.5 All disputes between Spark Sessions and the Customer shall exclusively be heard by the competent court in the district of Spark Sessions, the Netherlands, unless another Dutch court has jurisdiction by virtue of mandatory law. Notwithstanding this, Spark Sessions is authorized to approach the court of the Customer’s place of residence/establishment.
Pricing
Flex
Once a week (price per 4 weeks: €149)
1.5 times a week (price per 4 weeks: €219)
Twice a week (price per 4 weeks: €279)
Fixed
Once a week (price per 4 weeks: €129)
1.5 times a week (price per 4 weeks: €189)
Twice a week (price per 4 weeks: €239)
EMS Suit
Buy Suit €850
Rent Suit €80 per 4 weeks
Nutrition
Nutrition Guidance €24.95 per 4 weeks
All prices mentioned are in EURO and include VAT.
Version October 2025