Last updated: September 1st, 2021
TERMS AND CONDITIONS
These terms and conditions (“T&Cs”) apply to all membership agreements entered into between IMMARTIAL – Athlete Centre B.V. (“IMMARTIAL”) and its members. These T&Cs, the registration form and the House Rules constitute the entire membership agreement between IMMARTIAL and its members.
Article 1: Prospective members can become a member of IMMARTIAL by completing the registration form and returning it to an employee of IMMARTIAL. The membership with IMMARTIAL commences on the date filled in on the registration form. If no date has been filled in on the registration form, the membership will commence on the date on which the registration form is received by the employee of IMMARTIAL.
Article 2: Members must pay a registration fee at the time of registration. The amount of this registration fee may vary from time to time and will be detailed on the website of IMMARTIAL. Restitution of the registration fee will not be possible. Prospective members who are on holiday in Curaçao are exempted from paying a registration fee, provided that they reside in Curaçao for no more than one month. Registration fee is also applicable when a member wish to re-activate the membership, no exceptions are made when Articles 9 & 25 comes into practice.
Article 3: Membership of IMMARTIAL can commence at any time, and the membership will be at least for an initial term of one month (“Initial Term”). Membership will automatically be renewed on a rolling monthly basis (subsequent term) for an indefinite period after the Initial Term or by the same term initially agreed upon if the agreed term is longer than the Initial Term, unless and until the membership is terminated in accordance with articles 24 through 27.
Article 4: Notwithstanding article 3, prospective members who are on holiday in Curaçao have the option to enter into an agreement for a shorter period than the Initial Term. Such membership will terminate automatically after the agreed term, given that the end period is known at both parties.
Article 5: In the event that a prospective member is 16 years or younger, a parent or guardian of the prospective member must co-sign the registration form of the prospective member. The parent or guardian will be responsible for meeting the payment obligations of the membership of the prospective member. The parent or guardian of the prospective member shall provide the payment details necessary to pay the registration and membership fee of the prospective member.
Article 6: IMMARTIAL has the right to use the personal information provided on the registration form for the purpose of communicating with its members. The members will inform IMMARTIAL of any changes in contact address, telephone number, e-mail address or change of bank details. The address provided will be used for the service of formal notices.
Article 7: Upon registration as a member with IMMARTIAL, the membership fee will be immediately due by the member. Membership fees are due in advance and must be paid in cash, by debit card at the dojo or by (automatic) wire transfer to one of their bank accounts. If registration has been done during a month, the remainder number of days needs to be paid, calculated and invoiced by IMMARTIAL’ system.
Article 8: The membership fee due must be paid before the fifth of each new month. If the amount due is not received before the fifth of the following month, a penalty fee of ANG 5,– will be charged.
Article 9: If a member continues to be in default for a period of one month, the member will be excluded from taking part at the lessons and the membership will be cancelled. All potential costs incurred by IMMARTIAL in connection therewith shall be due by the member.
Article 10: IMMARTIAL offers different membership packages to its members which will be detailed on the website of IMMARTIAL. IMMARTIAL reserves the right to change the membership packages and its membership prices. Members will be notified of any price change at least one month before it takes effect.
Article 11: Upon registration the member will state on the registration form which membership package he/she desires. The member will be obligated to pay the membership fee that corresponds with the membership package of his/her choosing in accordance with article 8. Members are responsible for making sure that they choose the membership package that best suits their circumstances. Members who do not make use of the options offered by the membership package of their choosing will not receive a refund of their membership fees. However, Members have the option to downgrade their membership package in accordance with article 12.
Article 12: During the term of the membership, the member is allowed to upgrade his membership package and the membership fee due will be adjusted accordingly. Downgrading of a membership package is only possible at the end of each month.
Article 13: In the event of payment arrears, IMMARTIAL has the right to rescind or terminate the agreement and the member shall be required to pay any amount due including any late payment or collection charges.
Use of (kick)boxing equipment
Article 14: Up until one month after the commencement of the membership, members are allowed to freely use the (kick)boxing material (boxing gloves, shin- and head protection) available at IMMARTIAL, but it is mandatory to wear inner gloves and/ or hand wraps if members wish to use IMMARTIAL’ boxing gloves. IMMARTIAL cannot guarantee that the material provided is in good condition.
Article 15: After the period of two weeks after the commencement of the membership, members may only use the (kick)boxing material against a rental fee of NAf. 25.00 per month which is subject to the payment conditions set out in article 8.
Article 16: If a member is in default of paying the rental fee, IMMARTIAL may, up to its own discretion, deny a member usage of the boxing material or exclude a member from taking part at the lessons.
Article 17: If a member buys his own equipment during a month in which he used the (kick)boxing material, the rental fee will not be refunded.
Article 18: The house rules of IMMARTIAL ( the “House Rules”) are detailed on the website of IMMARTIAL and can also be obtained at the dojo. Members must act in accordance with the House Rules at all times and are required to be familiar with the House Rules no later than the start of the first lesson.
Article 19: IMMARTIAL has the right to amend the House Rules and such amendment will take effect immediately and apply to all members after publication on the website of IMMARTIAL.
Article 20: IMMARTIAL reserves the right to terminate a membership at its own discretion, if a member commits serious or repeated breaches of the House Rules or displays any other form of unacceptable behaviour. No refunds of membership fees will be given, if a membership is terminated on such grounds.
Limitation of liability
Article 21: The Member is fully aware, acknowledges and accepts the risks and dangers which are involved in participating in the classes at IMMARTIAL. More specifically, the Member is fully aware, acknowledges and accepts that participating in the classes of IMMARTIAL may involve violent physical contact which may lead to bodily injury, including but not limited to, serious injuries to bones, joints, muscles and/or (internal) organs, serious neck and spinal injuries, partial or complete paralysis, brain damage, and even death, The Member is fully aware, acknowledges and accepts such dangers and risks and shall not hold IMMARTIAL accountable for any and all damage suffered, including but not limited to, property damage, personal injury or death.
Article 22: This limitation of liability clause is intended to be as broad and inclusive as permitted by Curacao law. In any and all cases, the liability of IMMARTIAL shall be limited to the insured sum (de verzekerde som) of IMMARTIAL’s liability insurance. If any part of this limitation clause shall be deemed to be invalid, the remainder of the clause will continue in full legal force an effect.
Article 23: The Member is fully aware and agrees that IMMARTIAL may take photos and videos of its Members and publish such media on its website, Facebook page or other (social) medium. The media is and will remain property of IMMARTIAL. In any and cases, IMMARTIAL is not liable for any issues relating to copyright or portrait right.
Cancellation of the membership
Article 24: Members can cancel their membership by sending a written notice of termination to IMMARTIAL. Cancellation of a membership can only take place at the end of each month, without a notice period.
Article 25: If IMMARTIAL does not receive a written cancellation, the monthly membership will be cancelled by IMMARTIAL after one month, whereby the latest check-in will be leading. The monthly fee of the last check-in will remain outstanding and IMMARTIAL can instruct their collection agency to collect the outstanding fees, whereby the additional charges will be on the Members behalf.
Article 26: The cancellation of the membership will be effective at the end of the Initial Term, the subsequent term or the term agreed upon on the registration form.
Article 27: If a member cancels within the term of a membership, the outstanding payments for the remainder of the term will still be due and no refund will be given for fees already paid.
Article 28: Pausing memberships are only accepted when IMMARTIAL has been informed in advance. Without notification full month payment is mandatory. After returning the paused period a fee of ANG 15, — will be charged to reactivate your account. Management reserves the right to make exceptions. If your membership is not paused, but IMMARTIAL has cancelled your membership according to Article 25, the re-activation fee will also be applied above a one-month payment.
Article 29: IMMARTIAL reserves the right to amend these T&Cs at all times. The amended T&Cs shall also apply to existing members provided that IMMARTIAL notifies these members of the amendments in writing at least one month before the amended T&Cs take effect.
Article 30: If IMMARTIAL does not exercise any of its rights or remedies under these T&Cs, it will not mean that IMMARTIAL has waived such rights or remedies and will not mean that members do not have to comply with those obligations. If IMMARTIAL does waive a default by a member, it will not mean that IMMARTIAL will automatically waive any subsequent default by such member or that such waiver will apply to any other member. No waiver by IMMARTIAL of any of these T&Cs shall be effective until IMMARTIAL expressly states so in writing.
Governing Law and Jurisdiction
Article 31: These T&Cs shall be governed by and construed in accordance with the laws of Curaçao. Any and all disputes which may arise from or in connection with these T&Cs shall be submitted to the competent Court in Curaçao.