Terms & Conditions

CrossFit Gold Pact

These Terms & Conditions apply to memberships and services offered by Gold Pact. By entering into an agreement with Gold Pact, the member agrees to these Terms & Conditions.

Article 1 – Applicability

1. These Terms & Conditions apply to all agreements between Gold Pact and its members or customers, including memberships, trial memberships, drop-ins and other services offered by Gold Pact.

2. These Terms & Conditions will be made available to the member before or at the time the agreement is concluded and can be accessed electronically.

3. By entering into an agreement with Gold Pact, the member confirms that they have had the opportunity to read and accept these Terms & Conditions.

4. Any additional or deviating agreements are only valid when confirmed by Gold Pact in writing or electronically.

Article 2 – Membership

1. A membership provides the member with access to the services and number of classes associated with the membership selected by the member.

2. Unless explicitly agreed otherwise, memberships have an initial minimum term of 3 months After this initial term, the membership continues for an indefinite period until terminated in accordance with Article 4.

3. Trial memberships, drop-ins, event tickets and other one-off products or services may have their own duration and conditions and do not automatically constitute an ongoing membership.

4. Memberships are personal and may not be transferred to or used by another person without prior permission from Gold Pact.

5. The specific services, class credits and other benefits included in a membership are determined by the membership selected by the member.

Article 3 – Membership Fees and Payment

3.1 Membership fees

1. The member is required to pay the membership fee applicable to their selected membership.

2. Membership fees are charged every four weeks in advance. This means that there are 13 four-week payment periods per year.

3. Unless agreed otherwise, payment will be collected automatically by direct debit at the beginning of each new four-week membership period.

4. The applicable membership price, payment frequency and any additional mandatory charges will be clearly communicated to the member before the agreement is concluded.

5. Gold Pact may adjust its membership fees periodically. Gold Pact will inform members of a price adjustment at least one month before the new price takes effect.

6. Price adjustments may, for example, be made due to inflation, increased operating costs, changes in taxes or other circumstances that reasonably affect the costs of providing Gold Pact’s services.

7. If a price adjustment materially increases the membership fee and the member has a statutory right to terminate the agreement as a result, the member may terminate the membership before the new price takes effect. Any mandatory statutory rights of the member remain unaffected.

3.2 Failed or overdue payments

1. If an automatic payment fails, Gold Pact may notify the member and request payment of the outstanding amount.

2. The member remains responsible for ensuring that membership fees are paid on time.

3. If payment remains outstanding, Gold Pact may temporarily suspend the member’s access to classes, Open Gym and/or other Gold Pact services until the outstanding amount has been paid. Such suspension does not automatically terminate the membership or the member’s payment obligations.

4. Before statutory collection costs are charged to a consumer, Gold Pact will provide the member with the legally required payment notice and a period of at least 14 days to make the outstanding payment, in accordance with applicable Dutch law.

5. Collection costs and statutory interest will only be charged insofar as permitted by applicable law.

6. Gold Pact reserves the right to terminate a membership in the event of repeated or prolonged non-payment, without prejudice to Gold Pact’s right to recover outstanding amounts.

Article 4 – Duration and Termination

1. Unless explicitly agreed otherwise, a membership has an initial minimum term of 3 months.

2. After the initial minimum term, the membership automatically continues for an indefinite period.

3. After the initial minimum term, the member may terminate the membership at any time with a notice period of four weeks.

4. Notice of termination may be given by email to info@goldpact.nl, through the membership platform where this functionality is available, or through any other cancellation method made available by Gold Pact.

5. Where required by applicable law, members may also terminate their membership in the same manner in which the agreement was concluded.

6. Gold Pact will confirm the termination and communicate the effective end date of the membership.

7. Membership fees remain payable until the effective end date of the membership.

8. If the member has already paid membership fees relating to a period after the effective termination date, Gold Pact will refund the amount relating to the period after termination where applicable.

9. The statutory rights of a member to terminate or dissolve an agreement earlier for a legally valid reason remain unaffected.

Article 5 – Changing a Membership

1. Members may request an upgrade or downgrade of their membership at any time.

2. Unless otherwise agreed, membership changes take effect at the beginning of the member’s next four-week payment period.

3. A requested change is only final once it has been confirmed by Gold Pact.

4. A membership change does not automatically create a new initial minimum membership term unless this has been explicitly agreed with the member.

5. Any change in membership fee resulting from the requested membership change will be communicated before the change takes effect.

Article 6 – Pausing a Membership

1. Gold Pact offers members the possibility to temporarily pause their membership.

2. A membership may be paused from any agreed date and is not restricted to the beginning of a four-week payment period.

3. The minimum duration of a membership pause is four consecutive weeks.

4. A pause must be requested in advance by email to info@goldpact.nl or through another method made available by Gold Pact. Unless otherwise agreed, the request must be submitted at least 10 days before the requested start date of the pause.

5. The member must provide both the requested start date and the intended reactivation date when requesting the pause.

6. During an agreed pause period, the member’s membership rights, including access to classes and Open Gym, are suspended.

7. The member will not be charged regular membership fees for the period during which the membership is paused. Where a four-week membership fee has already been paid and the pause starts during that payment period, the unused portion will be credited or the next payment date will be adjusted accordingly.

8. At the end of the agreed pause period, the membership will automatically reactivate. Regular membership access and payments will resume from that date.

9. The member’s four-week payment schedule may therefore shift as a result of a membership pause.

10. A membership pause does not constitute termination of the membership.

11. Unless otherwise agreed, a pause during the initial 12-week minimum term suspends the running of that minimum term. The remaining part of the initial minimum term will continue after the membership is reactivated.

12. Gold Pact may agree to different arrangements in exceptional circumstances, for example in the event of prolonged injury, pregnancy or other circumstances where this is reasonable.

Article 7 – Classes, Schedule and Facilities

1. Gold Pact aims to provide its published class schedule and services as consistently as reasonably possible.

2. Gold Pact may reasonably change the timetable, coaches, class formats, opening hours or availability of facilities when necessary for its operations.

3. Individual classes may be changed, postponed or cancelled due to circumstances including public holidays, insufficient registrations, illness or absence of a coach, maintenance, safety concerns, force majeure or other circumstances that reasonably prevent the class from taking place.

4. Incidental changes, substitutions or cancellations do not automatically entitle the member to a refund or compensation.

5. If Gold Pact is unable to provide a substantial part of the agreed services for a prolonged period, the member retains any rights available under applicable Dutch law.

Article 8 – Conduct and House Rules

1. Members are required to comply with Gold Pact’s house rules and reasonable instructions given by coaches and employees.

2. Members are expected to treat other members, visitors, coaches, employees, equipment and facilities with respect.

3. Discrimination, intimidation, harassment, threatening or aggressive behaviour and other conduct that creates an unsafe environment will not be accepted.

4. During classes, the coach is responsible for the safety and organisation of the class. Members must follow reasonable instructions given by the coach.

5. Members must use equipment and facilities responsibly and for their intended purpose.

6. Members may be held liable for damage to Gold Pact property caused intentionally or through negligence.

7. Gold Pact may issue a warning, temporarily deny access or terminate a membership in the event of serious or repeated misconduct or violation of the house rules.

8. In cases of serious misconduct where continuation of the membership cannot reasonably be expected, Gold Pact may deny access and/or terminate the agreement with immediate effect.

Article 9 – Health, Safety and Liability

1. Participation in CrossFit, strength training, conditioning and other physical activities involves inherent risks. Members participate in these activities at their own risk to the extent permitted by law.

2. Members are responsible for exercising within their own abilities and for following reasonable safety instructions provided by Gold Pact and its coaches.

3. Members are responsible for informing a coach of relevant injuries, physical limitations or other circumstances that may affect their ability to participate safely, insofar as this is reasonably necessary for safe participation.

4. Members must use equipment and facilities in accordance with their intended purpose and the instructions provided by Gold Pact.

5. Gold Pact is not liable for damage resulting solely from risks inherent to normal participation in sporting activities, except where Gold Pact is legally liable for such damage.

6. Nothing in these Terms & Conditions excludes or limits Gold Pact’s liability where such exclusion or limitation is prohibited by law, including liability resulting from intentional misconduct or gross negligence attributable to Gold Pact.

7. Gold Pact is not responsible for loss, theft or damage to personal belongings brought onto the premises, except where Gold Pact is legally liable for such loss or damage.

8. Members may be held liable for damage caused to Gold Pact or third parties through intentional or negligent conduct.

Article 10 – Photography and Video

1. Photographs and video recordings may be taken during classes, events and other Gold Pact activities.

2. Where a person is identifiable and consent or another legal basis is required under applicable privacy law, Gold Pact will only process and use such images where an appropriate legal basis exists.

3. Where Gold Pact relies on consent for the use of identifiable photographs or video recordings for promotional or marketing purposes, members will be given the opportunity to opt in.

4. Members may withdraw previously given consent at any time. Withdrawal of consent does not affect the lawfulness of processing that took place before consent was withdrawn.

5. Gold Pact will make reasonable efforts to respect members who have indicated that they do not wish to be photographed or filmed.

6. Photography and filming by members and visitors is subject to Gold Pact’s house rules. Members must respect the privacy of others and may be required to obtain permission from coaches and other identifiable persons before filming or publishing recordings.

Article 11 – Privacy and Personal Data

1. Gold Pact processes personal data in accordance with the General Data Protection Regulation (GDPR/AVG) and other applicable privacy legislation.

2. Personal data may be processed where necessary for purposes including membership administration, payment processing, class registration, communication, customer service, safety, compliance with legal obligations and the operation and improvement of Gold Pact’s services.

3. Gold Pact may use third-party service providers to process personal data where necessary for its operations. Appropriate data processing agreements and other safeguards will be implemented where required by law.

4. Personal data will not be sold to third parties.

5. Personal data will only be retained for as long as necessary for the purpose for which it was collected or as required by applicable law.

6. Members have the rights provided to them under applicable privacy legislation, including, where applicable, the right to access, correct, delete, restrict or object to the processing of their personal data and the right to data portability.

7. Members also have the right to lodge a complaint with the competent supervisory authority.

8. Further information regarding the processing of personal data, retention periods, third-party processors and the exercise of privacy rights is provided in Gold Pact’s separate Privacy Policy.

Article 12 – Online Agreements and Right of Withdrawal

1. Where a consumer enters into a membership or other agreement with Gold Pact online or otherwise at a distance, the consumer has a statutory 14-day withdrawal period, where applicable under Dutch law.

2. The withdrawal period starts on the day the agreement is concluded.

3. A member may request that their membership and access to Gold Pact’s services begin during the 14-day withdrawal period.

4. If the member expressly requests that Gold Pact begins providing its services during the withdrawal period and subsequently exercises the right of withdrawal, Gold Pact may charge a proportionate amount for services already provided up to the moment of withdrawal, insofar as permitted by law.

5. Before concluding an online or distance agreement, the member will be provided with the legally required information regarding the right of withdrawal.

6. Nothing in these Terms & Conditions limits the member’s mandatory statutory consumer rights.

Article 13 – Changes to these Terms & Conditions

1. Gold Pact may amend these Terms & Conditions where reasonably necessary, for example due to changes in legislation, Gold Pact’s services or its business operations.

2. Members will be informed of material changes before they take effect.

3. Changes will not be applied in a manner that unreasonably disadvantages members during an agreed initial minimum membership period.

4. Where applicable law gives a member the right to terminate the membership as a result of a material change, the member may exercise that right before the change takes effect.

Article 14 – Complaints

1. Members who have a complaint about their membership or the services provided by Gold Pact are encouraged to contact Gold Pact so that the matter can be resolved.

2. Complaints can be submitted via info@goldpact.nl.

3. Gold Pact will make reasonable efforts to acknowledge and resolve complaints within a reasonable period.

4. This complaints procedure does not affect any statutory rights available to the member.

Article 15 – Applicable Law

1. Agreements between Gold Pact and its members are governed by Dutch law.

2. Any mandatory statutory consumer rights regarding applicable law, jurisdiction or dispute resolution remain unaffected.

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