Our Statement

Our purpose is to coach members of our community in proper physical movement and nutrition, with the goal of improving their fitness, health and quality of life. We aim to achieve this using the principles of CrossFit, which is a core strength and conditioning program designed to optimize physical competence in each of ten (10) generally recognized fitness domains namely: cardiovascular and respiratory endurance, stamina, strength, flexibility, power, speed, coordination, agility, balance and accuracy. The CrossFit method has had great success, not only with individuals and communities, but also when applied in schools, law enforcement and athletic organizations. Our mission is to create a fitter, healthier, happier and more prosperous Curaçao.

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“What is Crossfit?”

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TERMS & CONDITIONS


General

Only Curaçao law is applicable on all agreements concluded by CrossFit 5 Triple 9 (herein a.k.a. Blue Room Fitness N.V. or the Company). Each athlete is required to take cognizance of the Terms and Conditions and general regulations of CrossFit 5 Triple 9.

Agreement

These conditions apply to all services of CrossFit 5 Triple 9. CrossFit 5 Triple 9 is entitled to change the terms and conditions applicable. The changes shall take effect one calendar month after the publication, unless a different legal deadline is required, which is then applied. If a CrossFit 5 Triple 9 member does not wish to accept a change, the member can terminate his/her membership from the date on which the new conditions take effect. The request for cancellation must be received by CrossFit 5 Triple 9 one month prior to the effective date of the change. The request for cancellation must be made in writing or by email, but the final cancellation can only be completed in person during a termination conversation.

Membership

I am familiar with the fact that I enter into my membership for the agreed contract duration. The start date is chosen on the registration form or when purchasing a membership online. For each Membership, a notice period of one month applies. Memberships are paid in advance for a whole month. Membership is strictly personal and can be transferred only with the consent of a CrossFit 5 Triple 9 manager.

If I do not cancel my membership in writing one calendar month prior to the end date of the contract, the membership will be automatically extended after the expiry of the original contract duration for an indefinite period with a notice period of one calendar month. After the expiry of the contract duration, the contract is automatically converted into a monthly membership.

 

With all memberships, you can train the specified number of times per week. Unused workouts cannot be transferred to the following week. You are required to register for the training via the CrossFit 5 Triple 9 registration system (Zen Planner).

Unlimited Membership:

With the unlimited membership you can, as with all other memberships, only participate in the class if there is enough room. Entering into the unlimited membership gives no right to participate in the lesson at any time, if the maximum number of participants has been reached for that lesson. With the unlimited membership you can participate maximum one time per day in group training sessions.

Pausing memberships

Injuries:
In case of long-term injuries, we’re happy to help in the rehabilitation process. If you have an injury, we recommend that you go ahead working together with your coach. In combination with the exercises you get from a doctor or physiotherapist we want to help you so that you as quick as possible get fit and strong again.


Holidays: Shorter than 4 Weeks:
In case of a holiday shorter than four weeks, we cannot pause your membership. We would like to give some tips and training advice, so that you can maintain your fitness during your holiday. Please notify your Coach for advice.


Holidays: 4 Weeks or Longer
In case of a holiday longer than 4 weeks, you’ll be able to pause your membership under the following conditions:

  • The pause is for a predefined period.
  • The pause can never be with retroactive effect.
  • The pause can only start from the first day of the following month.
  • The termination must be requested at least one calendar month in advance.
  • Your membership will automatically again be resumed after the pause. Please remember this yourself.
  • During the pause you will have to pay a paused membership fee of 35ANG per month:

You will remain a member of the community.

You’ll get tips and a holiday workout program in consultation with your Coach.

During your holiday, we are ready to provide you with advice if necessary.


After your Holiday:
After your holiday, we want you to be able to safely and with the proper technique participate in the group training again. To make this possible, after your holiday you can start again with the group lessons, after a certain number of one-on-one training sessions with your coach. After 4 weeks of absence, we advise you to book one fundamentals lesson. Together with your coach you can determine when you can safely start again with group training.


Illness
In the event of a prolonged (more than 4 weeks) injury or harm because of which you absolutely cannot and are not allowed to do fitness, the membership can be temporarily stopped with the consent of CrossFit 5 Triple 9 (a doctor notice to be provided). The discontinuation cannot be retroactive and shall become effective on the first day of the following month. The discontinuation must be requested at least one calendar month in advance.


Pregnancy
During a pregnancy your membership can be paused under the following conditions:

  • The pause is for a predefined period.
  • The pause can never be with retroactive effect.
  • The pause can only start from the first day of the following month.
  • The termination must be requested at least one calendar month in advance.
  • Your membership will automatically again be resumed after the pause. Please remember this yourself.
  • The pause is free of charge for 4 months.
  • For a pause more than 4 months you will have to pay a break membership of 35ANG per month
Membership fees

In case of cash payment or bank transfer the entire membership period, including registration fee, has to be paid in advance. If, the membership is renewed, the due amount has to be paid no later than 10 days before the beginning of the new period. If payment of the membership fee is done by means of direct debit, it will be performed on the last day of the month prior to the current month. At the time of the collection you must provide for sufficient funds in your bank account. When a collection is reversed, CrossFit 5 Triple 9 is allowed to charge an amount of 15ANG for administration costs to still collect the amount due. In case of late payment, all outstanding instalments for the remainder of the membership are due and must be paid within 30 days after due and payable by the member of CrossFit 5 Triple 9. The member cannot participate in training until all debts due are paid. If CrossFit 5 Triple 9 should have to collect its claim on the member, the member shall also pay all extrajudicial costs and statutory interest. When, CrossFit 5 Triple 9 has started collecting its claim the member cannot use the club until the moment all through CrossFit 5 Triple 9 charged costs are paid. The agreed registration and administration costs must be paid by direct debit.

If, the membership is activated earlier than the effective date of the contract and thus the member can use the CrossFit 5 Triple 9 facilities a few additional days, the member must pay an additional membership fee, calculated in proportion to the number of additional days. The member shall never be entitled to a refund of membership fees.

All prices include Sales Tax (O.B.) CrossFit 5 Triple 9 is entitled at any time to adjust its prices in case of changes in the level of Sales Tax (O.B.)  rates.

Registration Fee

When entering into a membership you must pay a registration fee. Refund of the registration fee is not possible. Upon rejoining after a (temporary) discontinuation of the membership, or after the expiry of the validity of your punch card, the fee must be re-paid.

Termination of Membership

In case of termination, the end date is on the same day of the month as the start date, in compliance with the contract duration and the one-month notice period. For example, if the start date was March 18, 2017, and will be terminated before the 18th of the month, then the membership will run until the 18th of that month plus one month’s notice. If the termination takes place after the 18th of the month the membership will run until the 18th of the following month plus one month’s notice. For the last month, there will be a proration where the membership fee is calculated in proportion to the number of days until the end date.

The request for cancellation must be made in writing or by email, but the actual cancelation can only be completed in person during a termination conversation. To ensure the proper receipt of the cancellation letter, CrossFit 5 Triple 9 recommends sending it by registered post. Premature termination of the contract by the club member is only possible on medical grounds where a doctor’s certificate is required, or when relocating outside of Curaçao. In this case a certificate of registration of the new municipality is required. Both cases are subject to a notice period of one calendar month. Upon early termination of the membership, CrossFit 5 Triple 9 is entitled to charge administrative and cancelation costs.

Personal Training / Private Coaching

CrossFit 5 Triple 9 offers Personal Training / Private Coaching at an additional charge.

Punch Cards

The Punch card is personal and not transferable. The validity is indicated in the personal online account. The number of visits should be made within the applicable period. Any outstanding visits expire at the end of the period.

Opening Hours

CrossFit 5 Triple 9 is authorized to close the gym during public holidays and school holidays. CrossFit 5 Triple 9 is authorized to temporarily or permanently change the opening hours of the gym. CrossFit 5 Triple 9 is authorized to close the gym (less than 48 hours) for repairs, maintenance work or due to unavailability of facility. If this closure is temporary (less than 1 week) and CrossFit 5 Triple 9 provides a temporary alternate training location the member shall not be entitled to a refund of membership fees.

Participation in Training

In order to be able to participate in the training, the member must register for the training period prior to the start of the training. The registration goes either through the Zen Planner platform. We apply a maximum number of participants for each lesson.

Cancelation Participation in Training

Due to the limited number of training spots available the member should carefully deal with reserving training. The member must cancel their participation in any training at least 1 hour before the start of the training if he or she will not attend or be present on time. Cancelations done less than 1 hour prior to the start of training will be considered late and the training session will be counted and lost.

Privacy

The CrossFit 5 Triple 9 is responsible for processing your data. Your personal data will be included in our member database and processed: for the management of the customer base and the presented products and services, to carry out market research to inform you about new products and services for the realization of the information and promotion campaigns. Your data will not be transferred to third parties without your personal consent.

Personal Data

Changes in the personal situation of the member (e.g. address or bank details) should be communicated directly to CrossFit 5 Triple 9. When these changes are not communicated and this results in CrossFit 5 Triple 9 incurring expenses necessary to identify the new personal data, these costs will be charged to the member.

Liabilities

CrossFit 5 Triple 9, trainers and or other agents are not liable for material or immaterial damage caused by an accident or injury of the member and/or third parties, irrespective of how the damages came about, except in cases of willful misconduct or gross negligence on the part of CrossFit 5 Triple 9 or its executives.

CrossFit 5 Triple 9, trainers and/or other agents are not liable for damage, loss or theft of property of the member and/or third parties, except in cases of willful misconduct or gross negligence on the part of CrossFit 5 Triple 9 or its management.

The use of the equipment, following a program or course components and/or activities of any kind at CrossFit 5 Triple 9, is entirely at the own risk of the member.

 

Each member is responsible for personal accidents and his/her belongings. You are advised to insure yourself accordingly. Ask for more information at your insurance broker. Neither the CrossFit 5 Triple 9 nor its employees can be held responsible for loss, damage or theft of goods within the territory of the club. Every athlete or visitor is liable for the damage caused by him/her to the property of CrossFit 5 Triple 9.

House Rules

The member may train during opening hours in the gym, in compliance with the applicable house rules. These rules are present in the gym. The club can at any time refuse or deny access to any person whose conduct justifies this decision.

In sports areas you must at all times be dressed in proper sportswear.

The changing rooms and showers must be left clean after use.

It is not allowed to use drugs, alcohol or smoking materials inside the gym or gym territory. Use of such substances will lead to the immediate termination of the subscription, without any right of refund of subscription fees already paid. You must adhere to the instructions and regulations laid down by CrossFit 5 Triple 9 regarding, among other, garments, necessary order and discipline. In case of violation of these instructions and/or regulations CrossFit 5 Triple 9 may deny you access to the gym and end the membership immediately without this leading to a reduction in membership fees or restitution.

Compliance to Agreement

The subscriber certifies by signing the membership agreement to comply with the house rules and terms and conditions established by CrossFit 5 Triple 9 and to execute the instructions. CrossFit 5 Triple 9 is entitled at any time to deny access for determined period to anyone who does not abide by the rules, without any right on refund of subscription fees already paid.

Other Provision

All cases and/or situations not provided for in the above regulations are solely judged by and decided on by the management of CrossFit 5 Triple 9.

Final Provision

Agreements between the Member and CrossFit 5 Triple 9 can only be made in writing, and may only be amended in writing. If any of the above provisions is invalid or unlawful, the remaining provisions shall maintain their validity.