TERMS & CONDITIONS CROSSFIT BATTERAOF V.O.F

CrossFit Batteraof is located in Maastricht and registered in the trade register of the Chamber of Commerce in Roermond under number 61245194

Art 1. APPLICABILITY

1. These Terms and Conditions apply to any legal relationship between a consumer (a Participant) who participates in a training, offered and / or provided by CrossFit Batteraof.

2. These Terms and Conditions apply to every membership, open gym, drop-in and personal training that entitles a Participant to participate in a training at CrossFit Batteraof.

3. By purchasing a membership, open gym add-on, drop-in and personal training, as well as by participating in a training, the Participant agrees to these Terms and Conditions.

4. CrossFit Batteraof may change these Terms and Conditions from time to time. The latest version is always the valid version and is always available on the CrossFit Batteraof website. A copy of the Terms and Conditions will be provided on request.

Art 2. AGREEMENT / MEMBERSHIP

1. An agreement / membership between CrossFit Batteraof and a Participant arises through agreement between both parties, which agreement must be apparent from the registration of a Participant.

2. Obligations arise from an agreement / membership for CrossFit Batteraof, after a Participant has fulfilled his or her payment.

3. Changes to an agreement / membership that has been concluded can only be made with the prior written permission of CrossFit Batteraof. Changing an agreement / membership may incur costs for a Participant.

4. An agreement / membership is strictly personal and non-transferable.

5. An agreement / membership gives access to the regular classes, specialty classes and Open Gym of CrossFit Batteraof.

6. An agreement / membership provides the Participant with an (X) number of classes per month, with which the Participant can register for classes at CrossFit Batteraof.

7. The amount of classes per month depends on the chosen membership by the Participant.

8. Unused credits cannot be carried over to the next membership month.

Art 3. DURATION AND TERMINATION

1. An agreement has a limited period of validity.

2. If an agreement has expired, a Participant can no longer participate in a training.

3. When a Participant takes out a membership for the first time, the Participant agrees to the minimum subscription period of 1 or 6 months, after which the membership can be canceled monthly and the membership is automatically renewed for 1 month for an indefinite period.

4. Upgrading and downgrading the membership is possible with a 1 month notice before the end of the agreement.

5. Termination of the agreement must take place in writing by sending an email to info@crossfitbatteraof.com, a written confirmation will follow.

6. There is a notice period of 1 month, which means that notice must be given before the start of the last membership month. A contribution is of course due over the last month. If specified later in the last month, membership ends in the following membership month.

Art 4. PAUSING / SUSPENSION AND FORCE MAJEURE

1. If a Participant is prevented from attending for more than 1 month, the contract can be suspended for the duration of maximum 2 months. The start of the suspension can only start on the next payment date. The term of the contract is automatically extended by the period of suspension in the case of a 6 months membership.

2. The application for suspension must be made in writing via info@crossfitbatteraof.com within 7 days of the beginning suspension.

3. A membership can not be suspended indefinitely and members have to submit a starting date for when their membership will be set to active again (maximum of 2 months).

4. If you move to another city, the membership can be terminated at the end of each contract month upon presentation of a registration confirmation from the respective city.

5. Force majeure / Unforeseen circumstances on the part of CrossFit Batteraof means any circumstance independent of the will of CrossFit Batteraof, as a result of which the fulfilment of its obligations towards the Participant is reduced in whole or in part or through which the fulfilment of its obligations cannot reasonably be expected from CrossFit Batteraof, regardless of whether that circumstance was foreseeable at the time the Agreement was concluded. These circumstances include strikes, calamities at CrossFit Batteraof, (civil) war, danger of war, (natural) disasters, pandemics, riots, fire, acts of war, other business disturbances and measures taken by government agencies. CrossFit Batteraof will inform the Participant as soon as possible of a (imminent) force majeure situation. If CrossFit Batteraof is prevented from performing the agreement due to force majeure, CrossFit Batteraof has the right to suspend the execution of the agreement or to dissolve the agreement in whole or in part out of court, without judicial intervention, at CrossFit Batteraof's option, without being obliged to pay any compensation to the Participant.

Art 5. PRICES, PRICE CHANGES AND PAYMENT

1. The membership fee is agreed prior to signing of the agreement.

2. CrossFit Batteraof has the right to increase its prices. The latest prices are always valid and are always available on the CrossFit Batteraof website.

3. In the event of a price change, the Participant has the right to dissolve the Agreement within 14 days after the publication of that increase by CrossFit Batteraof.

4. With the exception of the first month paid immediately upon conclusion, a membership is automatically debited from a Participant's bank account every month around the same date.

5. An agreement other than a membership must be paid in advance at once.

6. Unless otherwise agreed, payments must be made by direct debit (SEPA) or at the CrossFit Batteraof reception.

7. If the amount due cannot be debited from the bank account, a reminder will be sent. If there is no response to this and no payment follows, an administration fee of €5 will be charged, which will be debited at the same time as the next monthly payment.

8. Subject to applicable law, a Participant owes CrossFit Batteraof all costs incurred by CrossFit Batteraof or a third party engaged by CrossFit Batteraof to collect any amount that a Participant owes to CrossFit Batteraof.

Art 6. OBLIGATION CROSSFIT BATTERAOF

1. CrossFit Batteraof guarantees that the facilities and services provided comply with the agreement.

2. CrossFit Batteraof subjects the facilities to the required maintenance.

3. If CrossFit Batteraof uses the services of instructors and / or supervisors, it guarantees that the instructors and / or supervisors have sufficient knowledge that can reasonably be expected.

4. CrossFit Batteraof ensures that sufficient first aid resources are available.

5. CrossFit Batteraof takes sufficient measures to prevent damage to or loss of property of participants.

Art 7. OBLIGATION OF THE PARTICIPANT

1. The Participant adheres to the instructions given by CrossFit Batteraof and the (internal) regulations.

2. The Participant must report serious medical conditions to CrossFit Batteraof.

3. The Participant must follow the instructions of CrossFit Batteraof or the employees appointed by CrossFit. If the Participant is not familiar with one or more devices or facilities, he/she must inform CrossFit Batteraof, so that CrossFit Batteraof can explain.

4. The Participant is not allowed to use the equipment and facilities if he is under the influence of alcohol, drugs, medicines or substances designated as doping.

5. The Participant is not allowed to smoke in the fitness rooms made available by CrossFit Batteraof.

6. The Participant must notify CrossFit Batteraof of any changes in the postal address, e-mail address, bank account number and telephone number in writing or electronically.

Art 8. INTERIM CHANGES

1. CrossFit Batteraof can make interim changes to the facilities offered, timetables, programs and opening hours. CrossFit Batteraof will adequately announce the intended changes at least 2 weeks in advance.

Art 9. LIABILITY

1. Participation in a training provided by CrossFit Batteraof is at your own risk.

2. CrossFit Batteraof, its employees and trainers are not liable for personal injury or damage to property of a Participant participating in a training. Advice is always non-binding and is followed at your own risk

3. CrossFit Batteraof is also not liable for possible damage caused by other services or advice from its employees and trainers.

4. A training is intensive and prone to injury. A Participant must assess whether he / she is suitable for participating in a training. If a Participant has health problems, or if a Participant has another reason to doubt participation, a Participant should seek advice from a doctor.

5. CrossFit Batteraof reserves the right, at its discretion, to exclude unsuitable Participants from participating in a training to maintain the safety of the Participant.

6. CrossFit Batteraof is not insured for damage caused by a Participant. A Participant, contract partner or other party declares that it is insured for damage suffered as a result of participating in a training.

7. The Participant hereby also unconditionally and irrevocably waives its right to compensation for any direct or indirect damage (whether from an agreement or unlawful act) that has arisen, arises or will arise in connection with participation in a training.

Art 10. IMAGES, VIDEO AND SOCIAL MEDIA

1. During your presence in CrossFit Batteraof, photos and video recordings may be taken of you for publicity purposes.

2. By agreeing to the terms and conditions, the Participant unambiguously grants CrossFit Batteraof permission to use these photos and video recordings for the aforementioned purposes, unless otherwise agreed in writing.

Art 11. COMPLAINTS AND DISPUTES

1. A Participant must report a complaint regarding CrossFit Batteraof’ performance to CrossFit Batteraof as soon as possible after the defect or damage has been discovered, and no later than 14 days after the Participant has discovered the defects or damage. The complaint must be submitted in writing to CrossFit Batteraof, stating the description of the complaint.

2. The complaint must be complete, clearly described and provided with any evidence.

3. CrossFit Batteraof will answer the complaint submitted by the Participant as soon as possible, but no later than 4 weeks from the date of receipt. If CrossFit Batteraof expects to need longer to process the complaint, it will immediately notify the Participant by e-mail after this has been discovered.

4. If the complaint cannot be resolved by mutual agreement, a dispute will arise in accordance with Article 12.3 of these Terms and Conditions.

Art 12. APPLICABLE LAW

1. These Terms and Conditions can only be deviated from if this has been confirmed in writing by CrossFit Batteraof.

2. Dutch law applies to this agreement.

3. Disputes arising from this agreement, which cannot be resolved in mutual consultation, will be submitted to the competent court in Maastricht.

Art 13. BEGINNERS

1. Every new Participant is obliged to have filled in the intake form and participate in a Beginners Personal Training hour, before a membership is purchased.

2. If a Participant can demonstrate that he/she is familiar with CrossFit, this obligation will lapse.

Art 14. REGISTRATION SYSTEM AND POLICY

1. A Participant is required to use the booking system used by CrossFit Batteraof.

2. A Participant is required to book a lesson in advance to ensure that a place is available to them during the lesson.

3. A Participant can book regular lessons online up to 4 weeks in advance.

4. A Participant can cancel or change a class at least half a hour prior to class to avoid being debited or losing his / her class credit.

5. If a Participant cancels and / or changes a lesson later than half an hour prior to class, the credit will not be returned.

6. If a Participant does not show up for a booked lesson, this will automatically result in losing his or her class credit.