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TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS

FOR PRIVATE PERSONS

 

 

    These general terms and conditions are applicable to all agreements concluded between Tribellius MMA/Grappling club (hereinafter                     'Tribellius') and private individuals.

 

Article 1: Definitions

  1. Private individual – a natural person who does not act in the exercise of his profession or business.

  2. Member – a private individual who uses the services provided by Tribellius, bound by a membership contract.

  3. Potential Member - a private individual who uses the services provided by Tribellius during trial trainings.

  4. Membership contract – the terms which govern the relationship between Tribellius and its members.

  5. Private training – a closed training which is conducted solely between the instructor and an individual member.

  6. Tribellius membership card – a personal pass representing a 12-training membership valid for a period of three months from the moment of purchase.

  7. BodyVision membership card – a personal pass giving access to the gym facilities provided by BodyVision.

Article 2: Members

 

  1. Any natural person above the age of 16 can become a member of Tribellius.

  2. Persons under 18 years, who wish to register at our club, must complete and sign our subscription form together with their parent/guardian. Participation in our trainings is permitted only after we have received a written statement by the parent/guardian that they agree with the terms and conditions that a membership at our club holds. Such consent can also be provided via e-mail sent by the parent/guardian..

  3. Persons above 18 years can become a member of Tribellius simply by completing and signing our subscription form.

 

 

 

MEMBERSHIPS

 

 

Article 3: Trial Trainings

 

  1. Every person (above the age of 16) is allowed to attend three consecutive trainings at Tribellius MMA/Grappling free of charge. Trial trainings take place only on certain days.

  2. Participation at trial trainings is subject to certain terms and conditions, which the interested person is asked to read and sign before the training. The form containing these terms and conditions will be given by the instructor before the first trial training; the form is also available for download from our website (here).

  3. If the person interested in the trial trainings is under 18 years, he/she must come to the club together with his/her parent/guardian.

  4. After attending one or all of the trial trainings, there is no obligation for the person to become a member of our club. However, if that person comes back for another training, he is expected to take a membership with Tribellius.

 

 

Article 4: Membership Contract

 

  1. The Membership Contract presents the terms which govern the relationship between Tribellius and each individual member.

  2. The Membership Contract consists of:

    (a) the I want to join subscription form, which is filled in and signed by every member prior to the commencement of his/her membership;

    (b) the General Terms and Conditions, as prescribed herein; and

    (c) the Guidelines and Safety Measures, which represent the training etiquette of the club (you can read about that here).

   3. In some cases a member may be provided with a shorter version of the subscription form, entitled I want to join again. This includes                     situations where our administration already has a record of the data of that member: for example, because he is a current member who               wishes to select a new membership plan. The short subscription form has the same binding nature as the original full form and is subject to         the same terms and conditions.

 

 

Article 5: Registration of Membership

 

  1. Registration of membership takes place by completing and submitting the I want to join subscription form. This form can be requested from the instructor, or can be downloaded and printed out from our website (here). Membership commences on the date on which this subscription form has been signed. If there has been no date provided, then membership commences on the date on which the member has attended his/her first training with Tribellius, excluding any trial trainings.

  2. Joining Tribellius does not require any registration costs.

  3. Membership at Tribellius is non-transferable.

  4. If the membership plan selected also includes the use of BodyVision gym facilities, then the member has to receive a BodyVision Membership Card. Such card can be obtained at the registration desk of BodyVision, provided that the member presents a valid ID card and his membership contract with Tribellius. A deposit of 10 euro is required for the BodyVision Membership Card, which will be paid back once the card is returned undamaged. The card can be used only by the person to whom it has been assigned, but throughout the card remains ownership of BodyVision. The deposit or return thereof is to be arranged solely with BodyVision, and Tribellius has no rights or obligations arising out of that.

 

 

Article 6: Types of Membership

  1. A membership with Tribellius can be two types:

          (a) rolling membership (on a monthly basis); or

          (b) fixed membership (one-time membership card).

  2. A rolling membership can vary depending on the following criteria:

          (a) duration – such membership can have a duration of 1 year, 6 months, or 1 month; and

          (b) intensity – up to 2 trainings per week; up to 4 trainings per week; or 2/4 trainings per week with unlimited use of gym facilities.

  3. A fixed membership is valid for a period of 3 months and gives the member access to 12 trainings with Tribellius.

  4. Students who wish to become members of Tribellius can make use of our student-friendly policy: they can purchase a 1-month rolling                   membership for a reduced price, equalling the fee of an yearly subscription.

 

 

Article 7: Automatic Renewal of Membership

 

  1. A rolling membership contract is automatically renewed upon expiry, unless notice of termination or change in the membership plan has been provided. The following conditions apply:

          (a) a 1-year membership is automatically renewed for an indefinite period of time. Cancellation may happen any time, provided notice has                been given 1 month in advance;

          (b) a 6-month membership is automatically renewed for additional period of 6 months, and after that for an indefinite period of time. The                  first renewal (for additional 6 months) has the strength of the initial 6-month membership contract – cancellation may happen (upon                      notification of termination) but the membership fee has to be paid until the end of the renewal contract. The second renewal (for an                      indefinite period of time) allows for cancellation to happen any time, provided notice has been given 1 month in advance;

          (c) a 1-month membership is automatically renewed for an indefinite period of time. Cancellation may happen any time, provided notice                    has been given 1 month in advance.

   2. A fixed membership is valid for a period of 3 months and is not subject to automatic renewal.

 

 

Article 8: Change of Membership Plan

 

      The membership plan initially chosen (as selected in the subscription form) can be changed upon the desire of the member, subject to the          following conditions:

          (a) if the initial membership contract has not expired yet, the membership plan can only be upgraded for a plan with higher membership                   fee

          (b) if the initial membership contract is about to expire, or has been already automatically renewed for indefinite period of time (but not                     for additional 6-month period), then change of the membership plan is also possible for a plan with lower membership fee.

 

 

Article 9: Termination of Membership

 

  1. Every member has the right to terminate his membership contract, in accordance with the terms of that contract.

  2. Termination of membership can take effect minimum 1 month after notification has been given. Therefore, if notification is provided before the end of the calendar month, termination will take effect at the end of the next calendar month; thus, the membership fee for the month following notification of termination will still be payable.

  3. If a member decides to cancel his/her membership before the end date provided in the contract, then contribution for the remaining membership after dissolution is immediately due and payable as compensation on the date of dissolution. Exception to this rule can be made in the following circumstances, provided that sufficient proof is given:

          (a) if for medical reasons the member is no longer able to continue his trainings with Tribellius in the long term, then termination is                              possible, one month in advance, without obligation to pay any membership restitution;

          (b) if the member, due to unforeseen circumstances, must relocate for long period of time, and attending trainings is no longer feasible,                    then termination options can be individually negotiated.

   4. Upon termination of a membership which includes the use of BodyVision gym facilities, the BodyVision membership card must be returned         to BodyVision Sport center. If such return is not possible for whatever reason, the member will be charged € 10.00 in damages to be paid           to BodyVision.

   5. Tribellius reserves the right in case of serious or repeated violation of the house rules or other proven unacceptable behavior, upon the               instructions of the instructor, to dissolve the membership contract. The contribution for the remaining membership year or membership               month after dissolution is immediately due and payable as compensation on the date of dissolution.

 

 

 

PRIVATE TRAININGS

 

 

Article 10: Private Trainings

 

  1. Private trainings with Tribellius can be individual or in a group (for example, with family members, or friends). As the very nature of a private training suggests, such trainings take place only between the instructor and the individual member (or group of members).

  2. The time and fee of private trainings are to be individually negotiated between the member and the instructor.

  3. Upon the wish of the member, a membership plan for private trainings can be prepared, for fixed or unlimited time, which will give the opportunity for a discounted price of the private training sessions. Such membership plan will be put in writing, under the I want to train in private! form, and will have the same binding nature as the membership contract for regular training sessions.

 

 

Article 11: Cancellation of Private Trainings

 

  1. If a member wishes to cancel his private training, which has already been scheduled, he/she should do so minimum 2 days in advance. Such early notification will free the member of any payment obligations.

  2. If the member cancels his training less than 2 days before the scheduled time, then he will still be obliged to pay 50% of the fee for his private training.

  3. If a member has a private training membership plan, and he wishes to cancel one of his scheduled trainings, then he will still be obliged to the same payment (100% of the fee) as agreed in the membership plan.

  4. If a private training has been cancelled on behalf of Tribellius, there will be no outstanding payment obligation for the member, nor any compensation due. If this cancellation concerns a member with a private training membership plan, then there will be a one-time deduction in the payment to reflect the cancelled training.

 

 

Article 12: Gift Voucher

      There is an opportunity for a gift voucher for a Tribellius private training or for a fixed membership (12-trainings) to be ordered. The voucher,        just like a membership contract, is subject to the terms and conditions of Tribellius and to the general guidelines and safety measures of              our club.

TERMS OF PAYMENT

 

 

Article 13: Payment of Memberships

 

  1. As a general rule, regular membership fees are collected through automatic debits.

  2. Debits will take place around the 27th day of every month. The membership fee withdrawn will be for the month which follows. [Example: Around 27th January, the membership fee for the month of February will be withdrawn.]

  3. If a membership plan has commenced after the 1st day of the month, then the fee for this first month is calculated pro rata – in accordance to the amount of trainings being available to the member from the start date of the membership until the end of the calendar month.

  4. The first payment withdrawal is usually collective for the month in which the membership has commenced and the month that follows.

  5. Note that the automatic monthly debit is only applicable to rolling memberships. If a fixed membership plan has been purchased, then the fee will be debited only once.

  6. If the member does not fully make use of the membership plan selected, no refund will be offered.

 

 

Article 14: Payment of Private Trainings

 

  1. Single private trainings are paid immediately after the training takes place. Method of payment can be agreed with the instructor.

  2. Fees for a private training membership will be subject to the same rules as for payments of regular memberships. The general rule is thus automatic debit of the fee for the month which follows.

 

 

Article 15: Payment failure

 

  1. In the event of payment failure by a member (for example, due to insufficient balance or reversal of the debit for whatever reason), a notification will be sent to the member in question with a request to restore the failed payment within 5 business days. This first reminder will be made free of charge.

          (a) If no action has been taken after these 5 business days, a second reminder to pay will be sent to the member. This second reminder                   will add 2.50 euro administration fee to the amount due, and will give the member 3 business days to complete the payment.

          (b) If this has not been done yet, a third reminder to pay will be in order, for a period of 2 business days, and again with 2.50 euro                             administration fee added to the amount already due.

          (c) If the member has failed to pay the membership fees due, together with the accumulated administration costs after 1 business day                       from the expiry date of the third reminder, the claim will be handed over to debt collectors and all costs associated with such action                     will be born by the member in default.

   2. The member who is in payment default may be refused access to the trainings provided by Tribellius as long as the payment obligation               has not been met.

   3. Tribellius reserves the right to terminate the membership contract in the event of late payment or failure to pay. In such case, the                         membership fees left outstanding until the original end date of the contract become immediately due for payment on the date of                           dissolution. In case of failure to pay this outstanding amount, the same procedure as described in paragraph 1 of this Article will apply.

 

 

 

OTHER TERMS

 

 

Article 16: Reflection Period

 

  1. Every member has the right of a 14-day cooling-off period, counted from the date of conclusion of the membership contract. If the 14th day falls in the weekend, or on a national holiday, then the first subsequent working day will be regarded as the end of the cooling-off period.

  2. Payments made by the member under the terms of the contract will be refunded, if the withdrawal takes effect.

  3. However, this right of withdrawal will not be effectuated if the member has already made use of the services mentioned in the contract (for example, if the member has already attended trainings provided by Tribellius, including any trial trainings).

 

 

Article 17: Guidelines and Safety Measures

 

  1. Tribellius MMA/Grappling Club has prepared its own Guidelines and Safety Measures, which constitute integral part of all membership contracts. Those rules are published on our website (read here).

  2. Every member (whether in regular or private trainings) must familiarize himself/herself with those Guidelines and Safety Measures and must follow them strictly. Tribellius reserves the right to amend those rules as it sees fit, without the need for prior notice.

  3. Failure to abide by the Guidelines and Safety Measures of the club can result in membership termination. The remaining membership fee after dissolution is immediately due and payable as compensation on the date of dissolution.

 

 

Article 18: Personal Data

      Throughout your membership with Tribellius, certain personal information is being gathered. We ensure you that the way in which this                 information is obtained and processed corresponds with the applicable legislation and regulations, such as the General Data Protection              Regulation (GDPR). We have prepared a Privacy Statement where you can read in more detail about the specific type of personal                         information we collect, the ways in which we process it and the reasons why we do so; about our cookies policy; whether third parties have        access to your private information, and what your rights are in relation to that matter. This Privacy Statement is accessible through our                 website (read here).

 

 

Article 19: Use of BodyVision Facilities

 

  1. All members of Tribellius shall have free access to BodyVision general facilities, such as changing rooms, showers, toilets, cafe area, etc.

  2. Members of Tribellius who have purchased a membership with unlimited use of gym shall also have free access to the BodyVision Gym Facilities.

  3. Use of all BodyVision Facilities is subject to the terms and conditions as specified by BodyVision.

 

 

Article 20: Risk and Liability

 

  1. Tribellius MMA/Grappling is a club where the arts of various combat sports are taught, studied and executed (via technical and sparring sessions). Thus each member (or potential member), before entering the training sessions, has to assume the risk of possible dangers hereby present.

  2. Tribellius and its instructors do not bear legal responsibility for possible health issues inflicted during training sessions.

  3. Tribellius and its instructors are not liable for material or immaterial damage as a result of accident or injury of the member (or potential member) and / or third parties, arising during the training sessions, or as a result of the use of the gym facilities, or in any other way.

  4. Tribellius and its instructors are not liable for damage, loss or theft of property of a member (or potential member) and / or third parties.

  5. Members (or potential members) of Tribellius can have NO legal claims whatsoever against another member (or potential member) of the club for claimed physical injuries, mental issues or health problems in general, being assumed as a result of the training sessions at our club.

 

 

Article 21: Opening times

 

  1. The timing of the trainings offered by Tribellius can be found on our website.

  2. Tribellius reserves the right to change the timing of its trainings.

  3. Tribellius is entitled to be closed on official and recognized holidays, without necessarily giving notification for this.

  4. Tribellius is entitled to be closed outside state holidays, provided his members have been duly notified.

  5. The members of Tribellius are not entitled to a refund of membership fees upon temporary closure, change of opening hours, the cancellation or transfer of trainings, or upon changes of any other character, when all has been prompted by an event of force majeure.

 

 

Article 22: Right to amend fees

 

  1. Tribellius reserves the right to amend its membership fees:

         (a) in response to competition and market changes, or

         (b) in response to the changing taxation policies of the Netherlands.

  2. Such amendments will be communicated to the members of Tribellius at least 1 month in advance.

  3. If price changes are prompted by competition and market changes (paragraph 1(a)), members will have the possibility to dissolve their membership contract within 1 month after changes have been notified.

  4. If price changes are prompted by law or other government measures, members do not have the right to dissolve their membership contract, and must abide by the new price adjustments.

 

 

Article 23: Complaints

 

      In case of complaints regarding the (execution of the) services of Tribellius MMA/Grappling Club or its instructors, the member can address         the issue either in person to the relevant instructor, or can send us an official complaint via e-mail to: tribellius@yahoo.com

 

 

Article 24: Applicable Law and Settlement of Disputes

 

  1. The applicable law governing all membership contracts, as well as the terms and conditions as prescribed hereto, is Dutch law.

  2. Any disputes which arise on the basis of the membership contract, the terms and conditions, or the guidelines and safety measures of our club can be settled in arbitration proceedings, chosen and agreed to by both parties. Shall this option be unsuited for the particular case, or undesirable by the parties, then disputes will be brought to the local competent authorities.

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