CROSSFIT RYBORN GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the relationship between CrossFit Ryborn and the Member.
CrossFit Ryborn (trade name) of the company ZAYCCO SRL, with company number 0795298446 and whose registered office is located at 398, Avenue de Longwy, 6700 Arlon.
CrossFit Ryborn’s customer service can be reached by phone at +32 455 15 33 80 during office hours, at the e-mail address firstname.lastname@example.org or via the website. The customer service can also be reached by mail at CrossFit Ryborn – Customer Service – Avenue de Longwy 398, 6700 Arlon.
Member : A natural person who has signed up for a Membership or who uses the services of CrossFit Ryborn in any other way.
Box : The physical location of CrossFit Ryborn.
Membership : The contract entered into by the Member with CrossFit Ryborn either (i) by completing and signing a Membership Agreement, or (ii) by purchasing a membership online on the Website.
CrossFit class : A CrossFit class given by a coach in person at the times indicated.
CrossFit membership: Affiliation with CrossFit Ryborn in order to participate in CrossFit Classes.
Flex Card CrossFit : Card entitling the member to participate in 20 CrossFit classes within 6 months of the first class attended.
Private coaching / Personal Training : Private sports training services offered to Members and non-Members by CrossFit Ryborn and by third parties in the Box. Private Coaching is not included in the membership.
Drop In : One time CrossFit session.
Website : the website https://crossfitryborn.com or any other website linked to the domain names of CrossFit Ryborn.
General terms and conditions : the present General Terms and Conditions.
Purpose: The purpose of these Terms and Conditions is to provide the Member with all essential information about the rights and obligations that apply to the CrossFit Ryborn services, both online and offline.
Services: CrossFit Ryborn provides CrossFit and Personal Training services in the Box.
Membership: All memberships are strictly personal.
Duration: When registering, the Member must choose (i) the type of service, i.e. Subscription, and (ii) the duration of the Affiliation, i.e. annual, semi-annual or monthly. The contract is concluded for a specific period referring to the CrossFit, Flex Card CrossFit, Drop In and/or Private Coaching subscription. The contract is terminated at the end of the specified period, subject to notice being given by the Member at least one month before the expiry date. This notice shall be sent by registered mail to the CrossFit Ryborn headquarters, Avenue de Longwy 398, 6700 Arlon.
At the end of the fixed term of the annual Membership, the Membership will be extended and the Membership will be converted into an open-ended contract, unless the Member objects at least four weeks before the end of the term of the Membership by registered mail addressed to the Customer Service, by e-mail to email@example.com. After the conversion of the annual membership into an open-ended contract, the Member may terminate the membership at any time, subject to the four weeks’ notice.
Access: The contract entitles the Member to unlimited access, according to the established schedule, to the sessions offered by CrossFit Ryborn, except for exceptional activities at extra cost. The Member has the right to access the box every day to attend the group classes of the day (workout of the day). The Member can only train at the club in the presence of a CrossFit coach and only has access to the box during opening hours.
Schedule and fees: Depending on the economic and/or practical imperatives of the company, CrossFit Ryborn is entitled to modify the schedules and fees of the various services at any time.
Registration fees: A one-time registration fee may be applied. In the case of direct debit, this fee must be paid at the latest when the membership is taken out. If the contract is qualified as an open-ended contract, CrossFit Ryborn has the right to adjust its fees once a year according to the consumer price index. The price will be indexed according to the following formula: new price = old price x (last published index / previous price index). The Member shall be informed of the indexation in due time, at least one month before it comes into effect. The Customer agrees that the notification may be made by e-mail or through the settlement. The Customer retains the right to terminate the contract free of charge following the indexation.
VAT : All prices are inclusive of VAT. CrossFit Ryborn reserves the right to modify its prices at any time in the event of a change in the VAT rate.
Withdrawal from an online Membership: The Member may, only if he/she has subscribed to the Membership online, withdraw from the online purchase within 14 calendar days of the purchase and without specifying any reason, by sending an unequivocal statement by e-mail to firstname.lastname@example.org.
If the Member has not used the services of CrossFit Ryborn during the withdrawal period, CrossFit Ryborn will refund the amounts paid by the Member to the same account number with which the online purchase was made. If the Member has used the services of CrossFit Ryborn during the 14 calendar day cancellation period and the service contract has already been implemented, CrossFit Ryborn will refund the amounts paid less the proportionate part of the service already provided.
Compulsory Insurance: Each Member must take out insurance covering the risk of accidents on the premises of CrossFit Ryborn when joining the box (14 euros per year). The insurance is mandatory, unless the Member provides the club, no later than the day of signing the contract, with proof of the subscription of an identical insurance.
Methods of Payment: Payment for membership may be made online or offline, by credit card, debit card or direct debit. In the case of payment by direct debit every four weeks, the Member must (i) complete and sign a European SEPA direct debit mandate and send this document to CrossFit Ryborn at the latest at the time of registration or (ii) give his/her express authorization online at the time of registration. By accepting the direct debit, the Member authorizes :
Failure to Pay: In the event that the monthly instalments or any other payments due are not honoured, the Member will be immediately notified and, if necessary, given formal notice by registered mail to rectify the situation; his access will be blocked until the situation is rectified.
If the debit is refused by the Member’s payment service provider or if the Member demands a refund of the debited transaction from his payment service provider, the Member shall be put on notice to pay the remaining balance before the end of the next four-week period. If the Member still does not pay the outstanding balance in full within 14 days of being reminded to do so, an administration fee of 7 euros shall be charged for each refusal to debit by the Member’s payment service provider.
In the event of non-payment of at least two consecutive four-week Membership Fees, the Member shall be liable for an additional flat-rate compensation of 50 euros and interest of 15% per annum from the first day of the reminder, without prejudice to CrossFit Ryborn’s right to claim any other form of damages through a third party such as a lawyer, bailiff or collection agency.
In the event of non-payment, CrossFit Ryborn reserves the right to terminate the contract by operation of law after sending a formal notice which has remained unanswered for 15 days. Such termination shall not affect the right of Crossfit Ryborn to recover any amounts owed to it under this Agreement, either amicably or through the courts, at Member’s expense.
Internal rules: The Member declares that he/she has read the internal rules available on the website of CrossFit Ryborn and agrees to observe and respect them at all times.
Personal Training: Personal training services are not comprised in the affiliation.
Promotions: Discounts granted in the context of a promotional operation are only valid on the current membership. The Member may not claim the extension of any promotion when extending his or her Membership. Furthermore, discounts cannot be combined with each other.
Behavior: Members and their guests are respectful of the club and its equipment, they follow the advice of the CrossFit manager, staff and coaches. The management and/or CrossFit coach reserves the right to remove a guest, visitor or Member if necessary. Brutal, aggressive or irresponsible behavior will result in the immediate termination of the membership contract. If members damage the club or its facilities intentionally or through negligence or carelessness, they are liable for damages to compensate for the harm caused.
Health status: In order to use the services of CrossFit Ryborn, the member declares that he/she is in good health, that there is no medical or other reason that would prevent him/her from doing physical effort and that physical effort cannot harm his/her health, safety and/or physical condition. It is forbidden to attend the box in case of infection, contagious disease or open wounds or open ulcers etc., because of the risk of harming the health, safety and/or physical condition of other members. CrossFit Ryborn recommends that in case of doubt the member seek the advice of a specialized physician. A health questionnaire must be filled out by the Member when registering online.
Liability: Except in the case of damages resulting from fraud, gross negligence or intentional misconduct on the part of CrossFit Ryborn, its employees or representatives, CrossFit Ryborn and/or its directors, shareholders, agents and representatives cannot be held liable for direct, indirect, material, immaterial, incidental or consequential damages of any kind.
Nor shall CrossFit Ryborn and/or its directors, shareholders, agents and representatives be liable for damage to, or loss or theft of, property belonging to or in the possession of the Member, except in the case of gross negligence or wilful misconduct on the part of CrossFit Ryborn, its servants or agents.
Use of CrossFit Ryborn’s services and participation in any program, group class, portion of a class and/or activity of any kind is entirely at the Member’s own risk. The Member is responsible for his or her own athletic choices and should seek advice, if necessary, from a personal trainer, physical therapist or physician. The Member is fully responsible for any form of damage caused to CrossFit Ryborn, its employees or agents.
Suspension of Membership: No suspension of the contract will be carried out, except in cases of force majeure (see below). In this case, the contract will be suspended for a specific period of time, established by both contracting parties. In any case, the suspension of the contract does not exempt the Member from paying the monthly instalments due under the subscription contract. During the suspension period, the Member cannot use the services provided by CrossFit Ryborn and will not have access to the box.
Force Majeure: The contract cannot be terminated before its expiration date, except in case of force majeure. Force majeure results from a sudden, unforeseeable and unavoidable event, which is neither the fault nor the will of the parties. This event must therefore not have been intended by them, nor caused by them, even indirectly. Any request for suspension or breach of contract due to force majeure must be discussed with the management and supported by official and conclusive documents, such as, in particular, a detailed medical certificate, legal attestation, etc.
Only medical certificates issued by a specialist (a general practitioner is not included), sent in writing within a week of the termination or suspension will be accepted. CrossFit Ryborn advises to send the documents by registered mail. If the certificate or proof is only provided after legal proceedings have begun, it will no longer be accepted and the member will at a minimum be required to pay any unnecessary fees.
Termination of Membership: An annual membership is a fixed-term contract, i.e. a period of 48 weeks divided into 12 four-week payment periods. Except in the case of one of the circumstances justifying immediate termination of the annual membership, the Member may not terminate the annual membership during the fixed term, without prejudice to the right of withdrawal from an online membership as provided in the General Terms and Conditions.
At the end of the fixed term of the annual membership, the term will be extended and the membership will be converted into an open-ended contract, unless the Member objects to this at least four weeks before the end of the term of the membership by registered letter to Customer Service, by e-mail to email@example.com. After the conversion of the annual membership into an open-ended contract, the Member may terminate the membership at any time by giving four weeks’ notice
The period of notice always begins on the first day of the next four-week period. Therefore, the Membership shall end on the last day of the four-week period following the date of termination.
The Membership may be terminated prematurely in any of the following cases:
CrossFit Ryborn may immediately terminate a Membership in case of serious or repeated violation of the General Terms and Conditions, the house rules or any other unacceptable behavior. In any event, CrossFit Ryborn has the right to terminate the Membership with immediate effect in the event of two or more four-week late payments of Dues, without waiving any payment obligations. CrossFit Ryborn will notify the Member by e-mail or registered mail. In this case, the unpaid Dues are due and payable without notice and by operation of law.
When CrossFit Ryborn immediately terminates a Membership and the Member subsequently wishes to purchase a new Membership, CrossFit Ryborn will apply certain objective and non-discriminatory criteria to evaluate whether or not to accept the new Membership request.
Minimum age: The minimum age for membership is 18. Membership is possible from the age of 12, provided that the minor is accompanied by his or her legal representative or the subscription. CrossFit Ryborn accepts people under the age of 12 only in classes specifically designed for them. Children under the age of 12 may not be allowed to circulate in the club alone and must be accompanied by their parents at all times.
Privacy and Personal Data Protection: The services described in these Terms and Conditions require the collection and processing of certain personal data of the Member. The protection of Member’s personal information is extremely important to CrossFit Ryborn. CrossFit Ryborn will do its best to protect your personal information and, when using such information, will always ensure that your rights under applicable privacy and data protection laws are respected.
CrossFit Ryborn complies with the provisions of the law of December 9, 1992 on the protection of privacy regarding the processing of personal data. If the member sends personal data to CrossFit Ryborn, the data will be stored in the box’s database and processed in order to manage the customer file and the products and services offered, to carry out market research, to inform the member about new products and services and to carry out promotional and information campaigns. Personal data will not be passed on to third parties, with the exception of companies linked to CrossFit Ryborn in the execution of the affiliation contract.
Obligation to inform: Any change in the member’s personal situation (such as bank details) must be communicated directly to CrossFit Ryborn in writing. If these changes are not communicated in time and CrossFit Ryborn has to incur costs to collect the member’s new data, the club will charge the member for these costs.
Questions or Complaints: For any questions or complaints, the Member may always contact the team first. CrossFit Ryborn strives to resolve disputes amicably whenever possible.
If an amicable solution cannot be found, the Member may submit the dispute to the Consumer Mediation Service. In the absence of an amicable solution, the dispute shall be submitted to the competent courts in Belgium and to Belgian law.
Validity and modification of the General Terms and Conditions: Should any provision of the General Terms and Conditions be invalid, unenforceable or illegal, the other provisions shall continue to be fully effective. The gap left in the General Terms and Conditions by the void, invalid, non-binding or illegal provision will be compensated, in accordance with the applicable law, by the application of a valid provision that comes as close as possible to the original economic purpose of the General Terms and Conditions.
CrossFit Ryborn’s failure to insist on strict compliance with one or more of the provisions of these Terms and Conditions shall not be construed as an implied waiver of any rights it may have, nor shall it preclude CrossFit Ryborn from enforcing such provision(s) at a later date.
CrossFit Ryborn reserves the right to make changes to these Terms and Conditions at any time. However, the General Terms and Conditions in effect at the time of the subscription of the Affiliation will always apply to the current contracts. Any new or renewed advertisement of an item after a modification of the General Terms and Conditions implies an acknowledgement and approval of the new General Terms and Conditions in force at that time.