Terms & Conditions

1. Definitions

a) Forge Fitness SXM (number will follow) trading as Forge Fitness SXM based at 5 Royal Palm Drive, Unit 6F, Orange grove Cole bay Sint Maarten, is a private limited company. The purpose of the company is: to offer CrossFit and other forms of group fitness, both indoors and outdoors (online and on location) to members, schools and companies by means of (group) classes and open gym, the sale (online and on location) of CrossFit-related products such as clothing, crossfit equipment and nutritional supplements;

(b) In these general terms and conditions, the following definitions shall apply:

Contractor: Forge Fitness SXM the Member: the natural person (m/f), including a Youth Member.

Consumer/ Buyer: a natural person not acting in the exercise of a profession or business.

Other party: these terms and conditions also apply to all legal relationships between Forge Fitness SXM and an other party acting in the exercise of a profession or business.

Agreement: the agreement between the Member and/or the other party and Forge Fitness SXM
Membership: membership is an agreement between the Member and Forge Fitness SXM

2. Applicability

(a) These general terms and conditions apply to any agreement with or any order placed with Forge Fitness SXM, including any follow-up agreement or amended or supplementary agreement, unless otherwise agreed in writing prior to the conclusion of an agreement.

(b) These general terms and conditions together with the agreement and Forge Fitness SXM’s house rules (www.forgesxm.com ) govern the legal relationship between Forge Fitness SXM and the Member and/or the Other Party.

c) These terms and conditions also apply to agreements with Forge Fitness SXM, the performance of which requires the involvement of third parties by Forge Fitness SXM.

d) When the Member registers by means of the registration form or the app Beyond the whiteboard or when the registration is done by an employee of Forge Fitness SXM at the request of the Client, the Member agrees to these general terms and conditions and the applicable house rules and declares to act accordingly.

3. Agreement

(a) An agreement is only concluded after it has been accepted by Forge Fitness SXM in writing. With regard to the formation of an agreement, Forge Fitness SXM can only be validly represented by one of its legal representatives.

(b) All agreements are deemed to have been exclusively given to and accepted by Forge Fitness SXM, even if it is the express or implied intention that a particular order will be performed by a particular person.

4. Quotes and offers

(a) All quotations and offers made by Forge Fitness SXM are non-binding, unless a deadline for acceptance is set in the quotation. If no period for acceptance is set, the quotation or offer cannot in any way confer any rights if the service, order or product to which the quotation or offer relates is no longer available in the meantime.

b) If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or the offer, Forge Fitness SXM is not bound to it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Forge Fitness SXM indicates otherwise.

C) A composite quotation does not oblige Forge Fitness SXM to perform part of the agreement or order at a corresponding part of the stated price.

5. Membership; joining and access

(a) Membership at Forge Fitness SXM commences by completing the (digital) registration form, which is also the agreement, signing and submitting it (digitally) to Forge Fitness SXM.

(b) Forge Fitness SXM reserves the right to refuse a registration without giving reasons.

(c) Each membership of Forge Fitness SXM is strictly personal and non-transferable to third parties.

d) The Member must be at least 18 years old at the start of the agreement. In the case of minors, the parents/legal representatives must approve and sign the agreement. The parents/legal representatives of a minor are responsible for the payment obligation towards Forge Fitness SXM.

e) Upon registration, the Member (if a consumer) has the right to renounce the membership within 14 days from the day of registration without giving reasons (and if the membership has not been used) by giving written notice (fitness@forgesxm.com)

f). If the Member decides to renounce the membership within the 14-day reflection period, and does not use the membership during that period, this withdrawal is free of charge.

g) The Member owes membership fees from the moment of registration. The direct debit will start from that moment. Non-compliance with any payment obligation by a Member can only lead to the termination of the membership if dissolved by Forge Fitness SXM .

h) If the maximum number of members has been reached, which is at Forge Fitness SXM’s unilateral discretion, a natural person may be placed on a waiting list if desired.

i) It is possible to request a one-off trial lesson free of charge.

6. Classes and obligations

a) The Member is obliged to immediately report any (interim) medical contraindication for physical exercise including injuries, operations, or other forms of pain, discomfort or abnormal fatigue before, during, or after training, as well as changes in his/her physical condition and/or pregnancy) to a trainer of Forge Fitness SXM.

b) The Member should not be under the influence of drugs, drink, medication or substances designated as doping prior to and/or during training sessions at Forge Fitness SXM.

c) In the event of an injury or operation preventing training, it is possible to temporarily suspend membership, provided this is reported to and approved by Forge Fitness SXM in good time. The assessment lies at all times with Forge Fitness SXM. Please note that there must be a serious injury such as fractures, muscle tears, etc. so that you cannot engage in any physical activity.

d) In case of fatigue, colds, etc., it is not possible to suspend membership.

e) Appointments must be cancelled no later than 2 hours in advance. If an appointment is cancelled less than 2 hours in advance, this appointment will be charged in full and cancelled.

f) The Member understands that injuries or other complications may arise as a result of physical activity, without negligence on the part of Forge Fitness SXM, and that Forge Fitness SXM can never guarantee the achievement of any intended result in relation to the training sessions.

g) Forge Fitness SXM expressly reserves the right to intervene during an exercise performed by a Member, if this is necessary in the interests of safety. The Member is obliged to strictly follow the instructions of Forge Fitness SXM and its trainers in the interests of safety.

h) In the interests of health and hygiene, the Member must wear sports shoes in the halls, clean clothes, bring a towel, and carry a filled bottle of water (not glass/breakable material).

i) The Member acknowledges that training will be adjusted or cancelled if the Member is more than 15 minutes late. This training will be charged and cancelled. The Member acknowledges that a delay to a scheduled training session cannot change the training status to anything other than a full training session.

(j) Forge Fitness SXM reserves the right to refuse bookings and/or terminate the contract with immediate effect if the Member repeatedly fails to show up as agreed or after repeated cancellations exceeds the contract term, without being obliged to pay any form of compensation and without a notice of default being required. (Partial) refund of the amount paid will never take place in this case.

8. Payment and direct debit

a) A membership with Forge Fitness SXM is entered into for the form and duration indicated at the time of registration. If membership is activated earlier than the start date, allowing the Member to use the facilities a number of days earlier, the Member will owe an additional membership fee over these extra days, to be calculated in proportion to the number of extra days.

(b) Forge Fitness SXM reserves the right to charge a registration fee in accordance with the terms and conditions as set out for each form of membership.

(c) All fees can be found on Forge Fitness SXM's website; www.forgesxm.com

(d) All amounts are due and payable in advance.

(e) In the event of Forge Fitness SXM not receiving amounts due on time, for whatever reason, for example due to insufficient bank balance or reversal, the direct debit will be offered again. Forge Fitness SXM is entitled to charge administration fees for each additional collection attempt as the Member will then be in default. In addition, Forge Fitness SXM is entitled to hand over the total claim for collection. In such a case, the Member will be obliged to pay the entire claim due, including all amounts referred to above, as well as future installments that are (would be) due for the duration of the agreement, including all extrajudicial collection costs, in a lump sum.

f) Forge Fitness SXM may deny the Member access to the facility if and for as long as the payment obligation has not been fulfilled. If the Member is in default due to a delay in payment, Forge Fitness SXM may terminate the agreement with immediate effect, without prejudice to the right to collect (or have collected) from the Member, in a lump sum and directly, the claim that is outstanding at that time, as well as future installments that are (or would be) due for the duration of the agreement.

g) Forge Fitness SXM reserves the right to index the fees by up to 8% each time per 1 January (in the interim). Tariff adjustments due to government measures (e.g. VAT percentage increase or decrease) are implemented immediately and do not give a right to termination.

h) If the Member does not use the membership for whatever reason, the membership fee will never be refunded.

9. Termination/Cancellation of membership

a) Termination of membership must be effected in writing by cancellation by e-mail (fitness@forgesxm.com) stating personal details and signature.

b) Notice of termination can expressly not be given verbally or by telephone.

c) Forge Fitness SXM reserves the right, in the event of a serious breach or violation of the house rules or otherwise proven unacceptable or unsafe behaviour or in the event of non-performance, at the sole discretion of Forge Fitness SXM, to deny the Member access to the facility and terminate membership (immediately).

(d) Suspension of membership or an agreement by the Member for any reason is not permitted without the prior written consent of Forge Fitness SXM.

(e) Pausing a membership should be communicated to Forge Fitness SXM by email. A pause can be for a minimum of 1 calendar month and a maximum of 3 calendar months. When you take a break, you pay your next calendar month in advance, as normal.

10. Merchandise Returns and right of dissolution

a) The Buyer is obliged to carefully inspect the products (or have them inspected) immediately after receiving them. The Buyer may return the item and will receive a refund. With regard to agreements with consumer-Buyers, which are concluded via the internet site or in another way in which only electronic communication is used, the consumer-Buyer has the right to exercise a Right of Cancellation without penalty and without stating reasons within fourteen (14) calendar days after delivery of the product in question. If the consumer-Buyer exercises his right of withdrawal, he shall notify Forge Fitness SXM within the withdrawal period by means of the model withdrawal form or by other unambiguous means. Within fourteen (14) days from the day following the notification of withdrawal, the consumer-Buyer shall return the product to Forge Fitness SXM. The products can be returned to Royal palm drive 5#, Unit 6 F, Orange grove Cole bay Sint Maarten. Return shipping costs will be borne by the Consumer-Buyer.

b) If the consumer-Buyer has exercised the Right of Cancellation as stated in the previous paragraph, Forge Fitness SXM will ensure a refund within fourteen (14) calendar days following the day on which the consumer-Buyer reports the cancellation. Forge Fitness SXM may delay refunding until it has received the product or until the consumer proves that he has returned the product, whichever is earlier.

11. House rules and complaints

a) The Member and/or the other party must familiarize themselves with Forge Fitness SXM’s house rules no later than the membership start date, and act in accordance with these house rules during this period. Forge Fitness SXM’s house rules can be found on the website.

b) It is not permitted to use and/or deal and/or recommend alcohol, drugs or performance-enhancing substances of any kind in and around Forge Fitness SXM.

c) Forge Fitness SXM reserves the right, in the event of serious or repeated violation of the house rules, to terminate the membership and/or the agreement with immediate effect, without entitling the Member and/or the other party to a refund of the amount already paid or still due.

d) In case of complaints, the Member and/or the other party should address Forge Fitness SXM in writing. Forge Fitness SXM will provide a substantive written response as soon as possible, but no later than 4 weeks after receipt of the complaint.

12. Personal data

(a) In order to give effect to membership and/or the agreement, Forge Fitness SXM holds personal or company data. Forge Fitness SXM processes the personal or company data in a proper and careful manner and within the framework of the applicable laws and regulations, such as the General Data

Protection Regulation (AVG).

b) Forge Fitness SXM’s privacy statement explains which data are processed, for what purposes and how personal data are handled and with whom they are shared. It also explains how data subjects can exercise their rights in relation to the processing of their personal data. Forge Fitness SXM’s privacy statement can be found on its website; www.forgesxm.com.

c) To protect the safety of people and property around Forge Fitness SXM, camera surveillance is used. Camera surveillance is limited to the car park and the entrance to the premises. Camera surveillance is not available in the premises.

d) Publication of photos and/or videos from Forge Fitness SXM could include members. When registering, you consent to this. At any time, it is possible to modify your consent.

13. Liability

a) The Member is aware and accepts that practising sport may involve risks. Using the equipment and materials, following a programme or course components and/or activities of any kind is entirely at the Member’s own risk.

b) Except in the case of an intentional act or omission or gross negligence on the part of Forge Fitness SXM, the Member and/or the other party indemnifies the private limited liability company and its directors privately for and against any and all claims, (injury) claims and legal actions, as well as any damages, costs and expenses suffered or incurred by the Member and/or the other party in connection with any such (legal) claim and/or any claim which any third party may at any time have against Forge Fitness SXM and which directly or indirectly result from, or are related to, an agreement with Forge Fitness SXM.

(c) In the unlikely event of an event - which includes an omission - occurring which gives rise to liability, such liability will be limited to the amount or amounts to which Forge Fitness SXM’s liability insurance policy gives entitlement in the case in question, plus the excess borne by Forge Fitness SXM under that liability insurance policy. If and insofar as, for whatever reason, no payment is made under said insurance, or it does not provide cover, any liability of Forge Fitness SXM is limited to the membership fee charged by them.

(d) The member and/or the opposing party shall be held liable for any damage he or she causes to third parties through fault or intent, including an omission, to the equipment, facilities and/or property of Forge Fitness SXM and/or any third parties.

(e) Forge Fitness SXM is not liable for loss and/or damage to goods and property of the Member and in the case of an opposing party of his/her clients.

(f) When engaging third parties by Forge Fitness SXM, it will always exercise due care. However, Forge Fitness SXM is not liable for any shortcomings of these third parties.

(g) The limitation of liability also applies in the event that Forge Fitness SXM is liable for the faults of any third parties it engages or for the improper functioning of any materials, devices, equipment, software, data files, records or other items used by Forge Fitness SXM in the performance of an agreement, none excepted. This also include members how pay a personal training how is using the facilities of Forge Fitness SXM.

(h) The included limitation of liability also applies in the event that the Member and/or the other party should have been wrongfully refused and/or removed by Forge Fitness SXM and/or the agreement should have been terminated and damage resulted.

14. Applicable law

a) These General Conditions and all agreements entered into by or with Forge Fitness SXM are exclusively governed by the laws and regulations on Sint Maarten and within the Kingdom of the Netherlands.

b) All disputes which may arise as a result of the agreement between the Member and/or the other party and Forge Fitness SXM, will be settled by a judge competent according to the law in Sint Maarten.

15. Final provisions

a) Forge Fitness SXM is entitled to amend these general terms and conditions, its house rules and the applicable privacy statement at any time. Any amendment will be announced in a timely manner and in writing.

(b) These general terms and conditions can be found on the website and can be sent upon request. The last published version is valid.

c) The general conditions, the privacy statement and the house rules are an integral part of the agreement between the Member and/or the other party and together form the legal relationship between Parties.

d) If any provision of these General Conditions is or is declared invalid, the other provisions shall remain in full force and effect.

e) The applicability of any general terms and conditions of the other party are expressly rejected in advance by Forge Fitness SXM.