General Terms and Conditions of CrossFit 020

Article 1 – Definitions

Agreement: the agreement between CrossFit 020 and the Client regarding the provision of a Service;
Client: the (legal) person with whom CrossFit 020 has entered into an Agreement;
Consumer: the Client who is a natural person and who is not acting in the exercise of a profession or business;
Service: a service provided by CrossFit 020 focussed on physical, educational and/or social activity;
Staff: an employee, freelancer or other professional contracted by CrossFit 020 and appointed by CrossFit 020 to perform the Agreement;
CrossFit 020: P.T.C. BV with address at Hoogoorddreef 3, 1101 BA, the Netherlands.

Article 2 – Applicability
  1. These general terms and conditions are applicable to all legal relationships between CrossFit 020 and the Client to which CrossFit 020 has declared these general conditions applicable.
  2. These general terms and conditions are also applicable to all Agreements for the implementation of which third parties must be engaged.
  3. Any deviations to these general terms and conditions are only valid if they have explicitly been agreed upon between CrossFit 020 and the Client in writing or in electronic form.
  4. The applicability of any purchasing conditions or other conditions of the Client is explicitly rejected.
  5. If one or more provisions in these general terms and conditions are invalid or is/are annulled, the remaining provisions of these general terms and conditions will remain fully applicable. CrossFit 020 and the Client will then consult each other in order to agree new provisions to replace the invalid or annulled provisions, taking into account as much as possible the purpose and purport of the original provision.
Article 3 – Offer
  1. CrossFit 020 issues the offer for its Services directly to the Client in writing or in electronic form.
  2. The offer contains an accurate description of the Services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Client. Obvious mistakes or obvious errors in the offer are not binding on CrossFit 020.
  3. Each offer contains such information that it is clear to the Client what rights and obligations are attached to the acceptance of the offer.
  4. An offer is valid for a period indicated by CrossFit 020. When no term for acceptance has been set, the offer will remain valid for a maximum period of two (2) weeks from its date. When no acceptance takes place within the specified term, the offer will lapse.
Article 4 – Agreement
  1. An Agreement will be formed at the moment the offer is accepted by the Client and this acceptance has been received by CrossFit 020. CrossFit 020 will confirm receipt of the acceptance as soon as possible. As long as the receipt of this acceptance has not been confirmed by CrossFit 020,

the Client may dissolve the Agreement. Verbal acceptance by the Client only commits CrossFit 020 after the Client has confirmed acceptance to CrossFit 020 in writing or in electronic form.

  1. If the acceptance differs from the offer, even with respect to minor items, this shall not bind CrossFit 020. The Agreement will then not be formed in accordance with this deviating acceptance, unless CrossFit 020 indicates otherwise.
  2. An Agreement is strictly personal and the rights and obligations contained therein nor the Agreement itself can be transferred by the Client, unless CrossFit 020 has explicitly agreed to such transfer in writing or in electronic form.
Article 5 – Reflection period for Consumers
  1. A Consumer has the right to cancel the Agreement free of charges during a reflection period of fourteen (14) calendar days. This reflection period will commence on the day following the day on which the Agreement has been formed.
  2. In case a Consumer, on his own request, makes use of the Services of CrossFit 020 during this reflection period and he subsequently invokes his revocation right, the Consumer will owe CrossFit 020 proportional compensation for the period in which he has made use of the Services.
  3. The Consumer may notify CrossFit 020 of the use of his right of cancellation by:
    • returning the completed withdrawal form specified in Appendix 1 to admin@crossfitleiden.com within the reflection period; or
    • sending an email containing the information specified in the withdrawal form to admin@crossfitleiden.com within the reflection period.
Article 6 – Duration of the Agreement
The Agreement between CrossFit 020 and a Client is entered into for an indefinite period of time, unless explicitly agreed otherwise in writing or in electronic form.
Article 7 – Performance of the Agreement by CrossFit 020
  1. CrossFit 020 will carry out the Agreement or have it carried out to the best of its ability and understanding and in accordance with the requirements of good workmanship. However, CrossFit 020 cannot guarantee to achieve any intended result.
  2. CrossFit 020 has the right to allow certain activities regarding the performance of the Agreement to be carried out by third parties.
  3. The Agreement is exclusively performed by CrossFit 020 and not by or on behalf of one or more member(s) of the Staff, irrespective of whether the Client explicitly or tacitly awarded the contract to or requested one or more member(s) of the Staff for its performance. The applicability of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is therefore explicitly excluded and this exclusion is also stipulated for all natural persons and legal entities, also third parties, engaged by CrossFit 020 in the performance of the Agreement.
Article 8 – Time and location
  1. The performance of the Agreement takes place at a time and location indicated by CrossFit 020, unless it has been agreed otherwise.
  2. CrossFit 020 has the right to carry out the performance of the Agreement through the internet by providing Clients with access to an online service through which performance of the Agreement shall take place.
  3. It is the responsibility of the Client that CrossFit 020 or any third party engaged by CrossFit 020 can start performance of the Agreement in time. If performance of the Agreement cannot commence at the agreed time because of any acts or omissions of the Client, or in the event of a late cancellation by the Client, the Client can be refused access to any classes, sessions, courses or events in which performance of the Agreement takes place. Any resulting additional costs will be charged to the Client.
Article 9 – Obligations of CrossFit 020
  1. CrossFit 020 subjects its premises, facilities and equipment to required and regular maintenance.
  2. CrossFit 020 makes sure that its Staff has and maintains sufficient knowledge to carry out the performance of the Agreement.
  3. CrossFit 020 makes sure that there are codes of conduct in place relating to safety, hygiene and behaviour and that sufficient first-aid material is available on its premises.
Article 10 – Obligations of the Client
  1. The Client follows the codes of conduct issued by CrossFit 020.
  2. The Client is obligated to inform CrossFit 020 about a medical contraindication, injury or other physical and/or mental condition which would make participation in any of the Services difficult, unsafe or impossible.
  3. The Client must follow the instructions of CrossFit 020 and its Staff. The Client is not permitted to make use of equipment or facilities which the Client is unfamiliar with unless the Client has requested CrossFit 020 or its Staff to give an explanation.
  4. The Client is not permitted to make use of the equipment and facilities if he is under the influence of alcohol, drugs, medication and/or of substances which are indicated as doping.
  5. The Client is not permitted to smoke in the premises made available by CrossFit 020.
  6. The Client is obliged to inform CrossFit 020 immediately of any facts and circumstances which might be relevant in connection with the performance of the Agreement and of changes to a post address, e-mail address, bank account number and phone number.
Article 11 – Prices and price changes
  1. All prices used by CrossFit 020 are including VAT, as well as any costs to be incurred in connection with the Agreement and administrative costs, unless otherwise indicated.
  2. CrossFit 020 is entitled to adjust its prices at any time and will announce any possible price increases in advance.
  3. In the event of a price increase, a Consumer will have the right to terminate the Agreement  after notification of such price increase by CrossFit 020 by sending an email to info@crossfit020.nl . However, the option to terminate is not applicable to price adjustments on the basis of the price index as published by the statistics institute CBS for house-hold consumption, nor to price adjustments which result directly from legislation, such as a VAT increase. Any fees owed by a Consumer after invoking its right to terminate the Agreement will be recalculated to reflect the actual period of the Agreement. Any fees paid in advance with regard to the period after rescission will be refunded by CrossFit 020.
Article 12 – Payment and payment term
  1. Fees due for a Service are collected monthly in advance via direct debit or prior to registration for the relevant Service, unless agreed otherwise in writing or in electronic form. Invoices will also be made available by CrossFit 020.
  2. Fees due for Services may also be billed through an invoice. Payment of such invoices must be made within seven (7) days of the invoice date.
  3. In the event of late payment, failed payment or a reversal of payment, the Client will be notified by CrossFit 020 in writing or in electronic form and will be offered the opportunity to still settle the outstanding amount before the end of the current calendar month. If payment has not been received before the end of the current calendar month, the Client will fall into default by operation of law without any further notice of default being required.
  4. If the Client has fallen into default, CrossFit 020 will be entitled to charge statutory interest and extrajudicial costs and everything that the Client owes to CrossFit 020 on any account whatsoever will become immediately due and payable. In addition, CrossFit 020 is then also entitled to immediately suspend further performance of the Agreement towards the Client until all outstanding amounts have been settled.
Article 13 – Changes to the Agreement by CrossFit 020
CrossFit 020 can apply intermediate changes to the Services, the facilities, class schedules, opening hours and the applicable codes of conduct. CrossFit 020 will duly announce such changes at least two
(2) weeks in advance, unless such changes can reasonably not be announced that long in advance.
Article 14 – Changes to the Agreement by the Client
  1. CrossFit 020 will allow a Client to make the following changes to the Services requested in its current Agreement, provided that CrossFit 020 has appointed any of these Services as eligible to changes by a Client:
    • Upgrading or downgrading the number of times a Client can make use of the Services; and
    • Pausing the Services.
  3. Upgrading or downgrading the number of times a Client can make use of the Services can be arranged through the software supplied by CrossFit 020 or by sending an email to info@crossfit020.nl . and is only possible against the applicable rates at that time. Current rights to any discounts may lapse. Any such changes will take effect as of the start of the next calendar month, unless indicated otherwise. Clients are entitled to a maximum number of one
(1) upgrade or one (1) downgrade per month.
  1. Pausing the Services can be requested by sending an email to info@crossfit020.nl and will only be approved by CrossFit 020 if the following conditions have been met, unless indicated otherwise by CrossFit 020:
  • the request is received by CrossFit 020 at least one (1) calendar month before the requested starting date of the pause;
  • the requested starting date of the pause is the first day of a calendar month;
  • the requested ending date of the pause is the last day of a calendar month; and
  • the requested pause has a minimum duration of one (1) calendar month and does not last longer than three (3) calendar months. You can pause for a total of three (3) months per year.
  • the request is not for our small group programs.
Your subscription will automatically again be resumed after the pause. Please remember this yourself. During the pause you will have to pay a break subscription of €20, – per month:
– You will remain a member of the community.
– During your holiday, we are ready to provide you with advice if necessary
Your subscription will automatically again be resumed after the pause. Please remember this yourself.
In case of pregnancy, the client can pause the membership at any preferred starting date. But an activation date has to be set. The duration of this pause has a maximum of five (5) months.
  1. CrossFit 020 will communicate its approval or rejection of the requested pause of the Services to the Client.
  2. A pause of the Services will take effect on the approved starting date and will automatically end on the approved ending date. After the pause has lapsed, the Services of the Client which were active before the pause will become active again, unless agreed otherwise between the Client and CrossFit 020 in writing or in electronic form.
Article 15 – Termination of the Agreement
  1. Both CrossFit 020 and the Client have the right to terminate the Agreement in writing or in electronic form with due observance of a notice period of one (1) calendar month, which notice period commences on the first day of the calendar month following the current calendar month.
  2. In the event of a cancellation, CrossFit 020 has the right to recalculate the fees for the past period on the basis of the effective period of use.
  3. CrossFit 020 may cancel the Agreement prematurely and with immediate effect if:
    • the Client violates one or more provisions of these general terms and conditions or of the applicable codes of conduct; or
    • the Consumer has shown unacceptable, rude or aggressive behaviour towards CrossFit 020, its Staff and/or other Clients of CrossFit 020.
  5. In case of a termination by CrossFit 020 as referred to in paragraph 3 CrossFit 020 does not refund any remaining fee. This is independent of the obligation the Client may have to compensate for damages attributable to the Client.
Article 16 – Indemnities
The Client indemnifies CrossFit 020 against any claims by third parties – including shareholders, directors, supervisory directors and personnel of the Client, as well as affiliated legal entities, companies and others involved in the organisation of the Client – who suffer any damages in connection with the performance of the Agreement.
Article 17 – Liability of CrossFit 020
  1. Clients make use of the Services, facilities, equipment and spaces made available by CrossFit 020 at their own risk. If CrossFit 020 would be liable, this liability will be limited to what has been provided for in this article.
  2. CrossFit 020 is not liable for any material and/or immaterial damage as a result of a (sports) accident or (sports) injury of the Client that occurred during an activity organized by CrossFit 020 or in one of the spaces made available by CrossFit 020. CrossFit 020 is also not liable for indirect damage, including (but not limited to) consequential damage, lost profit, lost savings and damage caused by operational delays.
  3. CrossFit 020 is not liable for damage to, loss or theft of property of the Client.
  4. If the Client demonstrates that he suffered damages by an act or omission by CrossFit 020 which would have been avoided had CrossFit 020 acted with due care and with expertise, CrossFit 020 will be liable for the damage up to a maximum of the amount which will be paid out under the general liability insurance taken out by CrossFit 020. If no payment is made under the insurance referred to, any liability of CrossFit 020 is limited to the invoice amounts charged under the Agreement, whereby liability is further limited to the invoice amounts charged over the last six
(6) months when an Agreement has been in force for more than six (6) months.
  1. The limitations of the liability for damage included in these terms and conditions will not apply if the damage is due to intent or gross negligence of CrossFit 020 or its Staff.
  2. The liability limitations laid down in this article are also stipulated for the Staff and other persons or third parties engaged by CrossFit 020 who can therefore directly invoke these liability limitations.
  3. The limitations of liability referred to in this article also apply if CrossFit 020 and/or the Staff are held liable by the Client on grounds other than the Agreement.

Article 18 – Liability of the Client

  1. The Client is liable towards CrossFit 020 for damage resulting from an attributable shortcoming in compliance with his obligations pursuant to the Agreement.
  2. The Client is also liable towards CrossFit 020 for damage which is at the expense and risk of the Client including but not limited to damage caused by intent or gross negligence of the Client.
Article 19 – Force majeure
  1. CrossFit 020 is not obliged to fulfil any obligation under the Agreement if CrossFit 020 is prevented from doing so as a result of a circumstance for which CrossFit 020 is not to blame nor accountable by virtue of law, a juridical act or generally accepted principles (common opinion).
  2. In addition to what it means in legislation and case law, the term “force majeure” in these general terms and conditions also includes: (civil) war and the threat of (civil) war, natural disasters, strikes, excessive absenteeism or illness of the Staff or third parties engaged by CrossFit 020, epidemics, pandemics, fire, flooding, power outages, government measures, non-performance on the part of suppliers or third parties engaged, non-performance or force majeure on the part of suppliers as a result of which CrossFit 020 is not or no longer able to meet its obligations to the Client as well as any external causes whether or not foreseen which are beyond the control of CrossFit 020 but which cause CrossFit 020 to be unable to fulfil its obligations under the Agreement.
  3. In case of force majeure, CrossFit 020 makes an effort to fulfil the Agreement in a different way. The Client will follow all instructions of CrossFit 020 for this purpose.
  4. During the period that force majeure continues CrossFit 020 and the Client can suspend the obligations under the Agreement. If the period lasts for more than two (2) months, both CrossFit 020 and the Client shall be entitled to terminate the Agreement with due observance of the notice period referred to in paragraph 1 of article 15.
Article 20 – Complaints
  1. Any complaints about the implementation of the Agreement must be submitted to CrossFit 020 in writing or in electronic form within four (4) weeks after the Client has identified the shortcomings.
  2. The complaint must include a detailed description, possibly with means of proof, in order to enable CrossFit 020 to respond adequately.
  3. The late submittal of a complaint may result in the Client losing his rights concerning.
  4. CrossFit 020 will respond to the complaints submitted by the Client as soon as possible but no later than four (4) weeks from the date of receipt of the complaint. In the event a complaint requires an expected time which is longer, CrossFit 020 will respond with a confirmation of receipt and an indication of the term within which the Client may expect an answer.
Article 21 – Personal data
  1. In order to execute the Agreement, CrossFit 020 collects personal data from the Client. CrossFit 020 processes personal data with due care and within the framework of the applicable legislation and regulations, such as the General Data Protection Regulation (GDPR).
  2. The privacy declaration of CrossFit 020 lists which data is processed by CrossFit 020, for which purposes it is being processed, how CrossFit 020 handles the personal data and the way in which involved persons are able to exercise their rights for the processing of their personal data. The privacy statement is listed on the website of CrossFit 020 (www.crossfit020.nl)
Article 22 – Changes to the terms and conditions
  1. CrossFit 020 is entitled to unilaterally change or supplement these general terms and conditions.
  2. In the event any change gives CrossFit 020 the right to provide a performance which is substantially different from the promised performance under the Agreement, a Consumer has the right to terminate the Agreement. In that case, the Consumer must communicate such in writing or in electronic form with due observance of the notice period referred to in paragraph 1 of article 15.
Article 23 – Governing law and competent court
  1. Dutch law shall be applicable to all agreements between CrossFit 020 and the Client.
  2. All disputes between CrossFit 020 and the Client will be settled by the competent court in the district in which CrossFit 020 has his business location, unless the law prescribes otherwise.
Drawn up on November 1 2023
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