CrossFit Zeeburg Terms and Conditions
BY BECOMING A MEMBER OF CROSSFIT ZEEBURG YOU HAVE READ AND AGREED TO OUR TERMS & CONDITIONS:
1. Terms and Conditions
By (digitally) signing this agreement when purchasing one of our products (see below), I (the “client” and “undersigned”) understand that I will be entering into a legally enforceable agreement with CrossFit Zeeburg (all associated CrossFit Zeeburg Facilities) (CrossFit Zeeburg or “you”) as follows: Please enroll me in the program I have selected and, subject to CrossFit Zeeburg’s Guarantee; I agree to pay your fees as indicated. I understand that the terms and conditions of this Agreement will govern all aspects of my participation in each Class I take and the fee arrangements I elect to make. I also agree to comply with the policies and procedures that you and your instructors may from time-to-time communicate to me.
2. CrossFit Zeeburg’s Guarantee
CrossFit Zeeburg understands that its Services often need to be experienced to be fully appreciated. CrossFit Zeeburg also understands that the Program will not be right for everyone. Accordingly, CrossFit Zeeburg provides the following Limited Guarantee of Satisfaction: If I decide, for any reason, that I do not wish to continue the Program, I understand that, provided I give you prompt written Notice within 3 business days following the first Class I attend of my decision, I will receive a full, unconditional, refund. I agree to provide this written notice in accordance with the “ENROLLMENT CHANGES OR CANCELLATION” section of this Agreement. I acknowledge that my right to terminate this Agreement and receive a refund will be deemed waived if I attend a second Class, that it can only be invoked for the first Class I enroll in, and that it cannot thereafter be exercised for any future Class in which I may enroll.
3. Enrollment Options
I understand that I must choose from one of the enrollment options listed. Client agrees to the membership fee. The current prices can be found at our ‘Prices’-page @ crossfitzeeburg.com/prices
We also offer personal training at the following prices:
PERSONAL TRAINING | 1 HOUR PER SESSION:
1 PT-session: €65,00
5 PT-sessions: €300,00
10 PT-session: €550,00
I also understand that CrossFit Zeeburg can at any time change its prices. CrossFit Zeeburg will always communicate price changes in advance.
4. Payment Options and Automatic Renewal
I agree that my payments will be made by bank draft authorizations (direct debit / incasso), unless otherwise negotiated in writing with management. Payment for the current month and/or next month in case the bank draft authorizations for next month have already been sent to the bank will be done by bank card at the CrossFit Zeeburg facility. I further agree that, unless I have provide you with prior written Notice as stipulated in the Enrollment Changes or Cancellation Section of this Agreement, my enrollment options will be automatically renewed. In the absence of my providing you with a Cancellation Notice, I agree to pay the applicable fee and authorize you to debit my credit or debit card or checking account, on accordance with my prior authorization. I understand that with fourteen days prior written Notice to me, you may increase your fee schedule effective as of the next Calendar Month or Term for which I become enrolled. The obligation to pay dues is not dependent on the availability of all the CrossFit Zeeburg’s facilities. Special engagements, repairs and maintenance of some facilities may make it necessary for CrossFit Zeeburg to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended during the time when one or more of the facilities are not available. Monthly renewing clients may cancel memberships by notifying CrossFit Zeeburg personnel of his/her wish to cancel by email only. A one month notice period is in place for all types of memberships. There are no refunds for membership fees and CrossFit Zeeburg will not prorate a cancelled membership.
5. Enrollment Changes or Cancellation – Three-Day Right of Recession
New members have 3 days, exclusive of holidays and weekends, after signing this agreement to cancel their membership without penalty upon the mailing or delivery of written notice to CrossFit Zeeburg. If the Agreement is cancelled within 3 days, CrossFit Zeeburg will refund upon such notice all moneys paid under the contract, except that CrossFit Zeeburg may retain an amount computed by dividing the number of occasions CrossFit Zeeburg services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that CrossFit Zeeburg services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision.
6. Late Payment of Fees
Membership fees must be paid effective the same day of the month the membership started. After a failed direct debit you will receive an automatic reminder that the direct debit failed with the request to pay your membership. Membership may be cancelled, at the discretion of CrossFit Zeeburg if fees are not timely paid.
7. Freeze Policy
Clients may put their membership on freeze, in one calendar month increments, for up to three calendar months per calendar year. Notice of freeze must be given to CrossFit Zeeburg personnel over the telephone or in person any time during business hours prior to the first day of the month to be frozen. Clients will not be billed for frozen months. Billing will resume automatically upon end of freeze. Yearly clients will have current year extended by the number of frozen months.
8. Acknowledgement of Risks
I understand that your Programs involve regimes of highly strenuous athletic and physical fitness activities and recognize that participation in such strenuous activities inherently involve health and injury risks, which can be very serious, to include death. I understand and knowingly accept these risks. I represent that I have no physical or health issues that might inhibit my participation in your Classes or might increase my risks. I further represent that I have recently received medical clearance and approval from a physician to participate in highly strenuous exercise activities. I understand that it is my responsibility to regulate the scope and intensity of my participation in each class session so that I am not overtaxed and I promise that I will do so. I further acknowledge that, by electing to continue participation in a class, my assumption of risk will be ongoing and absolute. Last, I acknowledge that any failure on my part to exercise prudence may significantly increase the risks I will incur. By agreeing to these terms & conditions I understand and agree that I will not hold CrossFit Zeeburg responsible for any injuries or accidents that may occur to me.
9. Waiver of Liability
I hereby release in full and forever discharge and hold harmless, CrossFit Zeeburg, vof., it’s fitness instructors, officers, and employees, whether acting within the scope of their employment or otherwise, of any liability, loss, cost, damage, expense, claim, or suit whatsoever for any or all injury, loss, illness, harm, cost, expense, claim, suit, damage or other claim resulting from, related to, or in any way arising from my participation in CrossFit Zeeburg’s Classes. I understand that the owner of and agent for any Property where my Class is to be conducted and/or any Class Sponsor will be third party beneficiaries of this Waiver of Liability and Release.
10. Out of Business or Move
If CrossFit Zeeburg goes out of business or moves it’s facilities more than five (5) driving kilometers from the business location designated in such contract and fails to provide, within 30 days, a facility of equal quality located within five (5) driving kilometers of the business location designated in such contract at no additional cost to the client, the Client’s agreement will be cancelled and unused membership fees will be refunded within 30 days.
11. Death or Disability of Member
If Client dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, Client shall be issued a refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require the client or the client’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the client shall be established if the client furnishes to the CrossFit Zeeburg a certification of such disability by a physician to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
12. Department Determines Refund Due To Member
If the Department determines that a refund is due the client, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of CrossFit Zeeburg shall not be deemed out of business when temporarily closed for repair and renovation of the premises. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. a. Upon sale, for not more than 14 consecutive days; or b. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.
Proper attire is required for participants using the facility. Shirts, shoes are mandatory. Proper footwear must be worn as follows:
a. Court type or aerobics shoes only unless otherwise specified by instructor
b. No open toed shoes, thongs, sandals, ballet or slipper-type shoes are allowed.
14. Service Limitations
I understand that you have the right to suspend and/or terminate this Agreement and/or my participation in any Program for any cause or reason, to include my non-payment of fees, or for any behavior deemed by CrossFit Zeeburg’s management to be harmful or inappropriate to the enjoyment, and/or participation of any other client or CrossFit Zeeburg’s instructor/trainer. Except as provided below, termination may be without any refund of any fees I may have paid.
Clients shall pay for any damages to the CrossFit Zeeburg’s property which results from the willful or negligent conduct of client, Client’s guest or dependent children.
16. Lost Articles
CrossFit Zeeburg assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.
17. Change of Rules and/or Regulations
CrossFit Zeeburg reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by CrossFit Zeeburg from time to time.
18. Governing Law
The laws of The Netherlands shall govern this Agreement. If any portion of this Agreement is held invalid or unenforceable, the remaining portions of this Agreement, if applicable, shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties; there are no collateral agreements, representations or guarantees, oral or otherwise, unless specifically written and attached hereto.
I have read this Agreement, fully understand its terms and provisions, and agree to be bound by its provisions. By becoming a member or training with CrossFit Zeeburg, I understand that I am entering into a legally enforceable agreement.