General Terms and Agreement
Terms and conditions
Art. 1 Applicability
These conditions apply to all members of CrossFit Flamingo, including the Open Gym
Fitness. At registration, members receive this overview of the terms and conditions. They
are assumed to have read and understood the terms and conditions before signing. By
signing, members agree to be bound by these terms and conditions.
Art. 2 Membership
Membership is defined as a contract of indefinite duration whereby the member is entitled
to participate in the number of classes associated with their specific membership. A
membership starts with a contract with the length of a period they choose, after which it
will be automatically renewed.
Art. 3 Membership costs
Each member pays membership fees relevant to their type of membership. Membership
fees must be paid in advance and will be collected via a method of the member’s
chosing through installments around the start of each Membership. Membership fees are
subject to periodic increases or decreases. If a membership has a limited amount of
classes, these classes can only be used within the week. If a member wants to exceed the
limit of their membership, the additional classes will be charged at the cost of $10 per
class. Members can keep track of the amount of classes left for the month in the software
provided by CrossFit Flamingo.
Art. 4 Duration and termination of membership
Memberships are taken out for an indefinite period and automatically renewed at the rates
prevailing at the time of renewal. If a member wishes to cancel their membership, they
should give notice or send a cancellation email to info@crossfitflamingo.com at
least 2 weeks before the start of the date of cancellation. Memberships can only be
cancelled after the first full period of membership, unless agreed otherwise with CrossFit
Flamingo. CrossFit Flamingo has the final word in this.
Art. 5 Interim changes in memberships
If a member wishes to upgrade or downgrade their membership in the midst of a running
membership (e.g. when the member commited for 6 months with a 3x per week
membership, but wants to upgrade to an unlimited membership for the remainder of their
6-month membership), that’s always possible in consultation with CrossFit Flamingo. Give
notice in time or send an email to info@crossfitflamingo.com
Art. 6 Pausing memberships
Active memberships can be paused with a maximum of twice per calendar year for the
minimum length of a whole month and a maximum of 3 months. Membership pauses will
have to be communicated in time, either verbally to CrossFit Flamingo or by e-mail
to info@crossfitflamingo.com at least 2 weeks before the prefered start of the pause. In
case of a pause, a membership will be “Frozen” and depending on the length of the pause,
the due date for the next payment will be postponed with the length of the
pause. Members who want to pause for longer than 3 months should cancel their
membership (see art. 4).
Art. 7 Classes
CrossFit Flamingo reserves the right to postpone or cancel scheduled classes without any
refund or compensation in connection with public holidays, vacation time, due to a lack of
signed in athletes, the illness of a coach, force majeure events, unforeseeable
circumstances, or any other event beyond the reasonable control of CrossFit Flamingo.
Art. 8 Class sign up and cancellation
Members can sign in to and cancel classes using the software provided by CrossFit
Flamingo. Members can sign in to classes from five days in advance till the start of the
class. When a class is cancelled within thirty minutes of the start of the class the
members account will be charged as if they had attended.
Each member has the responsibility to acquaint themselves with the sign up and
cancellation policies as provided to them by CrossFit Flamingo at the start of their
membership.
Art. 9 Behaviour of members
Members should not abuse the materials or facilities of CrossFit Flamingo. Members are
liable to pay for any negligent or deliberate damage to property. Unacceptable, rude or
aggressive behavior may lead to termination of membership. Coaches are responsible for
the class and therefore have full authority and final say.
Art. 10 Liability
Members use any materials and facilities at CrossFit Flamingo at their own risk. CrossFit
Flamingo or any of their coaches does not accept responsibility for the harm, injury or
death of any member while participating in classes or while using any of their materials or
facilities. Via the signing of a waiver, which members receive upon the start of their
membership, members indemnify CrossFit Flamingo for liability to a third party
unconnected with their provision of services.
Art. 11 Photographic and video material
Members give CrossFit Flamingo permission to use photographic images, video recordings
and other types of recordings of groups and/or individuals, subject to appeal, for editorial
publication or promotional purposes. The cameras in the facility have been placed there
for security reasons and the footage can and may only be used in the events of criminal
activity.
Liability Release
Express assumption of risk
I, the undersigned, am aware that there are significant risks
involved in all aspects of physical training. These risks include, but are not limited to: falls
which can result in serious injury or death; injury or death due to negligence on the part of
myself, my training partner, or other people around me; injury or death due to improper
use or failure of equipment; strains and sprains. I am aware that any of these above
mentioned risks may result in serious injury or death to myself and or my partner(s). I
willingly assume full responsibility for the risks that I am exposing myself to and accept full
responsibility for any injury or death that may result from participation in any activity or
class while at, or under direction of CrossFit Flamingo.
Release
In consideration of the above mentioned risks and hazards and in consideration
of the fact that I am willingly and voluntarily participating in the activities offered by
CrossFit Flamingo, I, the undersigned hereby release CrossFit Flamingo, their principals,
agents, employees, and volunteers from any and all liability, claims, demands, actions or
rights of action, which are related to, arise out of, or are in any way connected with my
participation in this activity, including those allegedly attributed to the negligent acts or
omissions of the above mentioned parties. This agreement shall be binding upon me, my
successors, representatives, heirs, executors, assigns, or transferees. If any portion of this
agreement is held invalid, I agree that the remainder of the agreement shall remain in full
legal force and effect. If I am signing on behalf of a minor child, I also give full permission
for any person connected with CrossFit Flamingo to administer first aid deemed necessary,
and in case of serious illness or injury, I give permission to call for medical and or surgical
care for the child and to transport the child to a medical facility deemed necessary for the
well being of the child.
Indemnification
The participant recognizes that there is risk involved in the types of
activities offered by CrossFit Flamingo. Therefore the participant accepts financial
responsibility for any injury that the participant may cause either to him/herself or to any
other participant due to his/her negligence. Should the above mentioned parties, or
anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this
agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify
and hold harmless CrossFit Flamingo, their principals, agents, employees, and volunteers
from liability for the injury or death of any person(s) and damage to property that may
result from my negligent or intentional act or omission while participating in activities
offered by CrossFit Flamingo, at the main building or abroad. This includes but is not
limited to parks, beaches, recreational areas, playgrounds, areas adjacent to main
building, and/or any area selected for training by CrossFit Flamingo.
I have read and understood the foregoing assumption of risk, and release of liability
and I understand that by signing it obligates me to indemnify the parties named for
any liability for injury or death of any person and damage to property caused by my
negligent or intentional act or omission. I understand that by signing this form I am
waiving valuable legal rights.