Terms of Service
Last updated: December 2024
Acceptance of Terms
By accessing or using the services provided by extensgxrk B.V. ("extensgxrk," "we," "our," or "us"), including our website at extensgxrk.top and our CrossFit studio facilities located at Molenweg 275, 5096 PT Tilburg, Netherlands, you agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and extensgxrk B.V. (Registration Number: 63480715, VAT: NL842560917B01).
Description of Services
extensgxrk provides CrossFit training services, including but not limited to group fitness classes, personal training sessions, nutrition coaching, open gym access, and related fitness services at our Tilburg facility. Our services are designed to help individuals achieve their fitness goals through structured training programs.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We may also impose limits on certain features or restrict access to parts of our services without notice or liability.
Membership and Registration
To access our services, you must register for a membership with extensgxrk. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
Membership is non-transferable and may not be shared with others. Each member must complete our health screening and waiver process before participating in any activities.
User Obligations and Conduct
As a member of extensgxrk, you agree to conduct yourself in a respectful and appropriate manner at all times. You must follow all facility rules, safety guidelines, and instructions from our staff and coaches.
You agree not to engage in any behaviour that is disruptive, offensive, threatening, or harmful to other members, staff, or the facility. This includes but is not limited to harassment, discrimination, inappropriate language, or unsafe use of equipment.
You are responsible for your personal belongings and agree to use equipment properly and safely. Any damage to facility property caused by your negligence or misuse may result in charges for repair or replacement.
Health and Safety
Participation in CrossFit and fitness activities involves inherent risks of injury. You acknowledge that you are voluntarily participating in these activities and assume all risks associated with such participation.
You represent that you are in good physical condition and have no medical conditions that would prevent or limit your participation in fitness activities. You agree to consult with a healthcare provider before beginning any exercise program if you have health concerns.
You must immediately inform our staff of any injuries, health issues, or changes in your medical condition that may affect your ability to participate safely in our programs.
Payment Terms
Membership fees and service charges are due in advance according to your chosen payment schedule. All fees are non-refundable except as required by applicable law or as specifically stated in these Terms.
If payment is not received when due, your membership may be suspended or terminated. You remain responsible for all outstanding charges. We reserve the right to change our fees with thirty (30) days' written notice.
All payments are processed in Euros (EUR). Additional charges may apply for certain services or programs as specified at the time of booking.
Intellectual Property
All content on our website and in our facilities, including but not limited to text, graphics, logos, images, workout programs, and software, is the property of extensgxrk or its licensors and is protected by Dutch and international copyright laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content without our express written permission. The extensgxrk name and logo are trademarks of extensgxrk B.V.
You grant extensgxrk a non-exclusive, royalty-free license to use any feedback, suggestions, or ideas you provide regarding our services for the purpose of improving our offerings.
Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our services, you consent to the collection and use of your information as described in our Privacy Policy and in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
Limitation of Liability
To the fullest extent permitted by Dutch law, extensgxrk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our services.
Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you have paid to extensgxrk in the twelve (12) months preceding the claim.
Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless extensgxrk, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from your use of our services, violation of these Terms, or infringement of any rights of another party.
Termination
Either party may terminate your membership at any time with appropriate notice as specified in your membership agreement. extensgxrk may terminate or suspend your access immediately, without notice, for any breach of these Terms or for any reason at our sole discretion.
Upon termination, your right to access our services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
Termination procedures and refund policies, if applicable, are detailed in your specific membership agreement and our cancellation policy available at our facility.
Force Majeure
extensgxrk shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government regulations, or other unforeseeable events.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
If you are a consumer, you may also have rights under the laws of your country of residence, and nothing in these Terms affects those rights.
Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable, and the remainder of these Terms shall remain in full force and effect.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and, where appropriate, by email or other communication methods.
Your continued use of our services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of our services.
Contact Information
If you have any questions about these Terms of Service, please contact us:
extensgxrk B.V.
Molenweg 275, 5096 PT Tilburg, Netherlands
Email: legal@extensgxrk.top
Phone: +31 701517665
Registration Number: 63480715 | VAT: NL842560917B01