Terms & Conditions
|1. Parties.CrossFitness Leinster Ltd. and the Client agree that the terms “Client” and “CrossFitness Leinster Ltd.” include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates and employees.2. Memberships and Membership Services2(a). The service being requested is for coaching designed to progress the Client toward ELITE FITNESS. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package. This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.2(b). The membership is non-transferable by the Client and gives the Client no rights in CrossFitness Leinster Ltd., its management, property or operation.2(c). CrossFitness Leinster Ltd. reserves the right at any time to make reasonable changes to the type or quantity of any program, facility, activity, class or service offered in CrossFitness Leinster Ltd.’s reasonable discretion.2(d). CrossFitness Leinster Ltd. can sell memberships at different rates and terms than the Client’s.
3(a). Client affirms that Client is in good physical condition, is capable of participating in the Fitness Program and does not suffer from any disability that would prevent or limit participation in the Fitness Program. 3(b). Client agrees that it is the responsibility of the Client to seek competent medical advice regarding any concerns or questions relating to the ability of Client to take part in the Fitness Program.
3(c). Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.
3(d). CrossFitness Leinster Ltd. is not liable to the Client for any personal property that is damaged, lost, or stolen while on or around CrossFitness Leinster Ltd.’s premises including, but not limited to, a vehicle or its contents or any property left in a locker.
3(e). If Client causes any damage to CrossFitness Leinster Ltd.’s facilities, Client is liable to CrossFitness Leinster Ltd. for its cost of repair or replacement.
3(f). Client acknowledges that neither CrossFitness Leinster Ltd. nor anyone else, made any representations or promises upon which Client relied that are not stated in this Agreement.
3(g). This document contains the entire Agreement between CrossFitness Leinster Ltd. and the Client and and replaces any oral or other written agreement. In a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continues unaffected.
4. Financial Policy
4(a). Client agrees to pay the dues and fees on page one.
4(b). Client has two options for payment: (1) Payment in full may be made for all services, or (2) Monthly payment by credit card or Standing Order per the guidelines on page one of the Agreement.
4(c). The date of the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account.
5. Limitation of Liability
5(a). Unless controlling legal authority requires otherwise, claim is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.
|6. Defaults6(a). Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due.6(b). Upon default, CrossFitness Leinster Ltd. shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages.6(c). If CrossFitness Leinster Ltd. delays or refrains from exercising any rights under this Agreement, CrossFitness Leinster Ltd. does not waive, nor will CrossFitness Leinster Ltd. lose those rights. If CrossFitness Leinster Ltd. accepts late or partial payment from the buyer, CrossFitness Leinster Ltd. does not waive the right to receive full and timely payments and other charges due under this Agreement. 7. Cancellation – Termination – Refund – Membership Hold7(a). The Client may not terminate or cancel the Agreement except as follows: (1) If by reason of death or disability, Client is unable to receive all CrossFitness Leinster Ltd. services for which Client has contracted, Client and Client’s estate shall be relieved from the obligations of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of disability); (2) upon thirty (30) days written notice to CrossFitness Leinster Ltd.; and (3) in the event the client moves further than 30 kilometres from CrossFitness Leinster Ltd., Client may terminate this Agreement by supplying proof of new residence. If client has prepaid any sum for services, so much of such sum is allocatable to services client has not taken shall be refunded.CrossFitness Leinster Ltd. may terminate the agreement at any time upon 30 days written notice the client.
7(b). Early Cancellation –The member will have early cancellation fees of €50.00 per month for each month remaining left on their commitment contract up to a maximum of €300.00 for those that cancel prior to the end of their commitment contract.
7(c) Renewal – This agreement shall be renewable at the end of the current term for a successive term of equal length unless either party gives written notice of its intention not to renew 3 weeks before expiration of the current term.
8. Governing Law
8(a). This Agreement shall be governed by and interpreted in accordance with the laws of the Ireland, and each of the parties irrevocably attorns to the non-exclusive jurisdiction of the courts of Ireland.
9. Independent Advice
9(a). CrossFitness Leinster Ltd. has provided the Client with a copy of this Agreement for review prior to its acceptance, and has advised the Client to take such time as is needed to consider the reasonableness of this Agreement prior to signing it and to have the Agreement reviewed by such advisors, legal or otherwise, as the Client considers appropriate. The Client, by signing this Agreement, acknowledges that the Client has either had the Agreement reviewed by such advisors as the Client considers appropriate in the circumstances, or decided that it was not necessary to have the Agreement reviewed.
10(a). Any and all official notices, demands, or other communications required or desired to be given hereunder by the Client to CrossFitness Leinster Ltd. shall be in writing and shall be validly given to or made to CrossFitness Leinster Ltd. if personally served, or if deposited in An Post, certified or registered, postage prepaid, to the address below:
CrossFitness Leinster Ltd.
33 Springfield Road
Release of Liability and Assumption of Risk
|Client understands and acknowledges that participating in the fitness classes, personal training sessions, nutritional programs, services, and related activities provided by CrossFitness Leinster Ltd. to its members (the “Fitness Program”) may involve strenuous physical activity, gymnastic movements, aerobic conditioning machinery and nutritional programs. Client understands and acknowledges that participating in the Fitness Program involves the risk of injury and of death, whether caused by the Client or someone else and that potential injuries include heart attack, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee injuries, lower back injuries, and soreness. Client understands and acknowledges that the risks of participating in the Fitness Program include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by Client, or an unknown health problem of the Client. In consideration of being able to participate in the Fitness Program, the Client hereby accepts the risks of injury and of death associated with participation in the Fitness Program and agrees that CrossFitness Leinster Ltd., its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including without limitation, personal, bodily, or mental injury, economic loss or any damage to the Client, the Client’s spouse, guests, unborn child, or relatives, resulting from the negligence of CrossFitness Leinster Ltd. or anyone on CrossFitness Leinster Ltd.’s behalf or anyone participating in the Fitness Program, whether related to exercise or not. Further, Client understands and acknowledges that CrossFitness Leinster Ltd. is providing recreational services and agrees that CrossFitness Leinster Ltd. may not be held liable for defective products.|
Client’s Right to Cancel:
The Client may cancel this Agreement at any time prior to midnight of the seventh day after the date of the Agreement. To cancel this Agreement, the Client must mail or deliver a signed and dated notice that states that Client is canceling this Agreement. After this date please see section 7a,b
Payment by Direct debit:
|Standing Order Request and Authorization: Client hereby authorizes CrossFitness Leinster Ltd. or its assigns to charge, or to initiate transfers from, the account designated for the purpose of making the scheduled membership payments and any and all additional fees, late charges, costs, expenses or any other monies due to CrossFitness Leinster Ltd. under the terms and conditions of this Agreement (together with any taxes), until such amounts are paid in full or until the applicable membership is terminated or cancelled, whichever occurs first. Client is entitled to notice of all varying charges and withdrawals under the Direct Debit, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, CrossFitness Leinster Ltd. Any failure by the applicable financial institution to pay any charge in full does not release the Client from any liability for obligations owing to CrossFitness Leinster Ltd. If Client notifies the financial institution in control of Client’s account to terminate this Request, such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs and collection to extent permitted by law. CrossFitness Leinster Ltd. or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur: ten euro (€10.00) to re-submit unpaid direct debit; fifteen euro (€15.00) for unpaid direct debit (after re-submittal); fifteen euro (€15.00) for an unpaid credit card debit; fifteen euro (€15.00) for an unpaid customer check; and a fifteen dollar (€15.00) late fee for payments received more than ten (10) days after the due dates are assessed.|