In consideration for being admitted to become a member or participant of DREAMZ FITNESS (ABC FITNESS & HEALTH N.V.), I personally assume all responsability for any risk, injury or harm which may befall me during or outside the gym whether or not in an attempt to perform or execute any given instruction. I agree to pay full value of any loss or damage caused directly or indirectly to the DREAMZ FITNESS location, premises equipment, belongings of fellow participants or members. The Dutch Caribbean law (Bonaire, St. Eustatia and Saba) is the applicablelaw and court of Bonaire to be exclusively comptetent to decide legal disputes. Finally I state that I have carefully read and understand the contents of this statement and I hereby agree to the terms of payment and the set price. I agree with the club rules and announcements in the fitness center and state that I have read and understand the contents of these.
CONDUCT & BEHAVIOUR
Management reserves the right to refuse entry, cancel a membership or request a member to leave the premises if the member does not behave in a responsible manner, is under the influence of drugs and/or alcohol or does not adhere to the general conditions of entry. No smoking or food is permitted in the facility.
PERSONAL TRAINING BUSINESS
It is not allowed to help any clients in the DREAMZ FITNESS premises and asking them for money, without having a Personal Trainer membership. If the management finds out about these kind of activtities without having a Personal Trainer membership, the staff of DREAMZ FITNESS has the right to remove you from the gym without any refunds of paid memberships. On top of that DREAMZ FITNESS will charge you a fine that will be calculated after research for evidence, because of loss of business for DREAMZ FITNESS.
CLOTHING ATTIRE
A towel is required at all times and must be used on all benches. Training shirts must be worn at all times. DREAMZ FITNESS will take no responsibility for lost or stolen property.
EQUIPMENT
All equipment must be handled appropriately and returned to appropriate storage location after each use. Please do not drop the weights. Any faults or damage to equipment must be reported to any available employee at DREAMZ FITNESS.
DISCLAIMER
1. I agree to comply with all rules, conditions and directions stipulated in this Terms and Conditions document regarding the facility and its equipment use and personal behaviour of members whilst using DREAMZ FITNESS.
2. To the best of my knowledge, I believe that my state of health and physical condition is such that the proper use of DREAMZ FITNESS facilities in accordance to the Terms and Conditions which apply thereto will not pose any risk to my health and wellbeing.
3. I acknowledge and agree that my use of the services, facilities, equipment or apparatus of DREAMZ FITNESS will be undertaken at my own risk.
4. Exercise is demanding and there are innate risks associated with an exercise programme and the DREAMZ FITNESS environment. Participating in exercise at DREAMZ FITNESS may cause serious injury, paralysis or death. I participate in exercise at DREAMZ FITNESS at my own risk. I release, indemnify and hold harmless DREAMZ FITNESS, its servants and agents, from and against all and any actions or claims which may be made by me or my property whether by negligence, breach of contract or in any way whatsoever or any liability that results from the breach of an express or implied warranty that DREAMZ FITNESS will be rendered with responsible care or skill.
5. In the event that I am injured or my property is damaged, I will bring no claim, legal or otherwise, against DREAMZ
CONTRACT MEMBERSHIPS WITH AUTOMATIC DIRECT DEBIT PAYMENTS
- Payments are made monthly around the 28th of the month through direct debit, unless Member chose the payment method “cash/pin at once”.
- After the end of the contract term it is possible to terminate this contract with a notice term of thirty (30) days by notifying ABC FITNESS & HEALTH N.V. in writing by sending an e-mail to info@dreamzfitness.com WITHOUT EXPLICIT TERMINATION, THIS CONTRACT WILL RENEW AUTOMATICALLY WITH 6 MONTHS, after which withdrawal again is only possible after the end of the renewed contract term with a notice term of thirty (30) days by notifying ABC FITNESS & HEALTH N.V. in writing by sending an e-mail to info@dreamzfitness.com
- ABC FITNESS & HEALTH N.V. does not refund paid memberships.
- ABC FITNESS & HEALTH N.V. cannot cancel the direct debit from Member’s account before ending of the membership following the process stated in A and B.
- The membership and the payments are continuesly and cannot be frozen.
- In any case of government measures or other circumstances where Dreamz Fitness is forced to be closed temporarly, this contract stays intact and the monthly direct debits will continue.
- Dreamz Fitness might be closed during official holidays, this will not affect the memberships and the payments. Memberships and payments will not be frozen or refundend in any case of closed holidays with a maximum of 7 consecutive days within 12 months.
- ABC FITNESS & HEALTH N.V. cannot be held liable for any damage that direct or indirect is the result of an event that is beyond her control and any act or omission of the Member, such as, but not limited to, not having an adequate health or fitness;
- ABC FITNESS & HEALTH N.V. is entitled to dissolve the contract or suspend the execution of the contract in case the Member fails to comply with the obligations under the contract and/ or these general terms and conditions.
- This contract is governed by and shall be construed in accordance with the laws of Bonaire, St. Eustatius and Saba. Any and all disputes arising from or in connection with this contract shall exclusively be brought before the Court of First Instance of Bonaire.
DIRECT DEBITS
I, authorize ABC Fitness & Health NV to charge my account with variable amount(s) direct debit on various dates and multiple attempts on the request of Dreamz Fitness.
This Direct Debit Mandate will be valid for the duration of my contract with ABC Fitness & Health NV / (DREAMZ FITNESS).
I agree and understand that the bank charges transaction costs of USD 1,00 per direct debit transaction.
Direct debits returned to my account due to insufficient funds are charged a USD 10 fee.
PERSONAL TRAINING LIABILITY WAIVER
I hereby affirm that I am voluntarily starting a course of instruction in physical fitness and performance training (The Activity). I am voluntarily participating in the Activity entirely at my own risk.
In full consideration of the risk of injury while participating in the Activity, and for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily participate in this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any kind of risks related to traveling to and from as well as participating the Activity, which may include, but are not limited to, physical or phycological injury, pain, suffering, illness disfigurement, temporary or permanent disability, economic or emotional loss, and death.
I acknowledge that I have carefully read this form and fully understand that it is a release of liability. I expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action for personal injury or property damage.
