TERMS & CONDITIONS CROSSFIT MTR

CrossFit MTR is located in Maastricht and registered with the Dutch Chamber of Commerce (KvK) under number 82857857

 

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 MTR.
  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 MTR.
  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 MTR 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 MTR website. A copy of the Terms and Conditions will be provided on request.

Art 2. AGREEMENT / MEMBERSHIP

  1. An agreement / membership between CrossFit MTR 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 MTR, 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 MTR. 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 classes and facilities included in the Participant's chosen membership.
  6. The number of classes available to the Participant each week/month depends on the membership selected.
  7. Memberships include a set number of weekly class credits. Unused class credits remain valid for three weeks from the week in which they were issued and may be used to make up missed classes. After three weeks, unused credits expire automatically.
  8. A Lifetime Membership is personal and non-transferable and remains valid for as long as CrossFit MTR operates. It provides ongoing membership access under the standard membership conditions and facilities offered by CrossFit MTR. It does not guarantee access to specific classes, schedules, coaches, facilities or services, which may change over time.

Art 3. DURATION AND TERMINATION

  1. An agreement has a limited period of validity.
  2. If an agreement has expired, the 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 3 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. Participants may upgrade or downgrade their membership by providing one (1) month's written notice before the next renewal date.
  5. Termination of the agreement must take place in writing by sending an email to info@crossfitMTR.com, a written confirmation will follow.
  6. After the minimum membership term has ended, the agreement may be terminated at any time by giving one (1) month's written notice. The notice period starts on the next scheduled payment date. Membership fees remain payable during the notice period.

 

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 a maximum of 2 months per calendar year. 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 3 or 6 months membership.
  2. The application for suspension must be made in writing via info@crossfitMTR.com within 7 days of the beginning suspension.
  3. A membership cannot 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 MTR means any circumstance independent of the will of CrossFit MTR, 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 MTR, regardless of whether that circumstance was foreseeable at the time the Agreement was concluded. These circumstances include strikes, calamities at CrossFit MTR, (civil) war, danger of war, (natural) disasters, pandemics, riots, fire, acts of war, other business disturbances and measures taken by government agencies. CrossFit MTR will inform the Participant as soon as possible of a (imminent) force majeure situation. If CrossFit MTR is prevented from performing the agreement due to force majeure, CrossFit MTR 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 MTR'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 MTR reserves the right to change its membership fees. Participants will be informed of any price increase at least 30 days in advance. Where required under applicable Dutch law, the Participant will have the right to terminate the Agreement before the new fees take effect.
  3. 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.
  4. An agreement other than a membership must be paid in advance at once.
  5. Unless otherwise agreed, payments must be made by direct debit (SEPA) or at the CrossFit MTR reception.
  6. 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, the membership will be paused until the payment is completed.
  7. Subject to applicable law, a Participant owes CrossFit MTR all costs incurred by CrossFit MTR or a third party engaged by CrossFit MTR to collect any amount that a Participant owes to CrossFit MTR.

 

Art 6. OBLIGATIONS OF CROSSFIT MTR

  1. CrossFit MTR guarantees that the facilities and services provided comply with the agreement.
  2. CrossFit MTR subjects the facilities to the required maintenance.
  3. If CrossFit MTR 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 MTR ensures that sufficient first aid resources are available.
  5. CrossFit MTR takes reasonable measures to maintain a safe environment, but Participants remain responsible for their personal belongings.

Art 7. OBLIGATIONS OF THE PARTICIPANT

  1. The Participant adheres to the instructions given by CrossFit MTR and the (internal) regulations.
  2. Participants are responsible for informing CrossFit MTR of any relevant medical condition, injury or limitation that may affect their safe participation in classes.
  3. The Participant must follow the instructions of CrossFit MTR or the employees appointed by CrossFit. If the Participant is not familiar with one or more devices or facilities, he/she must inform CrossFit MTR, so that CrossFit MTR 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 MTR.
  6. The Participant must notify CrossFit MTR of any changes in the postal address, e-mail address, bank account number and telephone number in writing or electronically.
  7. Participants are expected to behave respectfully towards other members, coaches and staff at all times. Unsafe, abusive, discriminatory, intimidating or otherwise inappropriate behaviour will not be tolerated. CrossFit MTR reserves the right to refuse access to classes or terminate a membership in such cases, without prejudice to any other rights available under applicable law.

Art 8. INTERIM CHANGES

  1. CrossFit MTR may make reasonable changes to its facilities, timetable, programs and opening hours. Where reasonably possible, Participants will be informed of significant changes at least 2 weeks in advance.

Art 9. LIABILITY

  1. Participation in any class, Open Gym session, event or activity provided by CrossFit MTR is entirely at the Participant's own risk.
  2. CrossFit MTR, its employees and trainers are not liable for personal injury or damage to property of a Participant participating in a training. Any advice provided by CrossFit MTR, its employees or trainers is given in good faith and followed at the Participant's own risk.
  3. CrossFit MTR 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 MTR reserves the right, at its discretion, to exclude unsuitable Participants from participating in a training to maintain the safety of the Participant.
  6. CrossFit MTR 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. Nothing in these Terms and Conditions excludes or limits any liability that cannot be excluded or limited under applicable Dutch law. To the fullest extent permitted by law, CrossFit MTR shall not be liable for indirect or consequential loss or damage arising from participation in any training or use of its facilities.

Art 10. IMAGES, VIDEO AND SOCIAL MEDIA

  1. During your presence in CrossFit MTR, photos and video recordings may be taken of you for publicity purposes.
  2. CrossFit MTR may use photos and video recordings for promotional purposes. Participants who do not wish to appear in such material can notify CrossFit MTR in writing at any time, and their preference will be respected wherever reasonably possible.

Art 11. COMPLAINTS AND DISPUTES

  1. A Participant must report a complaint regarding CrossFit MTR’ performance to CrossFit MTR 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 MTR, stating the description of the complaint.
  2. The complaint must be complete, clearly described and provided with any evidence.
  3. CrossFit MTR 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 MTR 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 MTR.
  2. Dutch law applies to this agreement.
  3. Any disputes arising from this Agreement will be submitted to the competent court in accordance with applicable Dutch law.

 

Art 13. REGISTRATION SYSTEM AND POLICY

  1. A Participant is required to use the booking system used by CrossFit MTR.
  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 starting from 1 week in advance.
  4. A Participant can book activities taking place at 6:00, 7:00 and 8:00 a.m. online until 10:00 p.m. on the previous day. If there is already a reservation for the activity, the Participant can book up until the start of the activity.
  5. For all other activities, a Participant can book online up to 2 hours before the start of the activity. If there is already a reservation for the activity, the Participant can book up until the start of the activity.
  6. A Participant can cancel or change a class at least 8 hours prior to class to avoid being debited or losing his / her class credit.
  7. If a Participant cancels and / or changes a lesson later than 8 hours prior to class, the credit will not be returned.
  8. If a Participant does not show up for a booked lesson, this will automatically result in losing his or her class credit.